*•    M 


^i; 


S- 


K-^ 


..y/    "-.lie.  v-v. 


-^"^.■^.  '•v,^ 


The  Charter 


FOR   THE 


City  of  Cincinnati 


Prepared  and  Proposed  by  the  Charter  Commission 
of  the  City  of  Cincinnati 


THIS  CHARTER  WAS  DEFEATED  BY  0\'ER  6500  VOTES 

JULY  THEI   I4TH.   lSt4 , 

rE  ARE  ITOT   UNDER  A  CHARTER  FORM  OF  GOirER^ffiNT 


Election   Day 
Tuesday,  July   14,   1914 


)(^SH 


TABLE  OF  CONTENTS. 

Sections 

Powers  of  the  City    1 —    3 

Nominations  and  Elections   A —  12 

Appointments    13 —  34 

Initiative     35 —  41 

Referendum     42 —  45 

Council    46—  59 

Mayor    60—  67 

Administrative  Departments    68 — 146 

Department   of    General   Administration 73 —  79 

Department  of  Finance   80 —  84 

Department  of  the   Sinking  Fund 85 —  94 

Department  of  Law    95 — 100 

Department  of  Civil  Service    101 — 115 

Department  of   Public  Safety    116 — 124 

Department  of  Social  Welfare  125 — -126 

Department  of  Public  Service   127 — 128 

Department  of  Highways    129 

Department  of  Public  Utilities    130 — 136 

Department  of  Parks  and  Playgrounds   137 

Department  of  Health   138 

Department  of   Hospitals    139 — 140 

Department  of  the  University  of  Cincinnati 141 

Department  of   City  Planning    142 — 145 

Department   of   Southern  Railway    146 

Public    Library    147 

Fiscal   System    148—157 

Improvements  and  Assessments    158 — 177 

Contracts    178—184 

Appropriation    of    Property    185 — 190 

Franchises    191—200 

Miscellaneous    Provisions    201 — 214 

Recall  of   Elective   Officials    215—219 

Schedule    

Index   


:rk 


PROPOSED  CHARTER  FOR  THE 
CITY  OF  CINCINNATI 

PREAMBLE. 

We,  the  people  of  the  City  of  Cincinnati,  Ohio,  in 
order  to  secure  the  benefits  of  home  rule,  to  promote  business- 
like conduct  of  our  municipal  afifairs,  to  attract  to  the  serv- 
ice of  the  City  those  who  will  administer  its  government 
most  efficiently  and  economically;  and  otherwise  to  pro- 
mote our  common  welfare,  do  adopt  the  following  as  the 
Charter  of  our  City: 

POWERS  OF  THE  CITY. 

Section  i.  The  inhabitants  of  the  City  of  Cincinnati,  as 
its  limits  now  are  or  may  hereafter  be,  shall  continue  to 
be  a  body  politic  and  corporate,  by  name  The  City  of 
Cincinnati,  and  as  such,  shall  have  perpetual  succession. 
It  shall  have  and  may  exercise  all  powers  which  now  or 
hereafter  it  would  be  competent  for  this  Charter  spe- 
cifically to  enumerate  as  fully  and  completely  as  though 
said  powers  were  specifically  enumerated  herein;  and 
no  enumeration  of  particular  powers  by  this  Charter  shall 
be  held  to  be  exclusive. 

Section  2.  This  Charter  shall  be  liberally  construed  to 
the  end  that  the  City  may  have  and  exercise  all  powers 
not  denied  to  it   by  the   Constitution  of  Ohio. 

Section  3.  The  City's  powers  shall  be  exercised  and  en- 
forced in  the  manner  prescribed  by  this  Charter,  or,  when 
not  prescribed  herein,  then  in  such  manner  not  inconsistent 
with  this   Charter  as  shall  be  provided  by  Council. 

NOMINATIONS    AND    ELECTIONS. 
Elective  Officers. 

Section  4.  'i'hc  elective  officers  of  the  City  shall  be  the 
Mayor  and  the  members  of  Council,  wIk;  sliall  be  elected 
at  large.  All  other  offices  and  positions  shall  be  filled  by 
appointment. 


4  L'llAKlU<    Ul'     TliL    ClTV    Ul"    ClNClNiNATi 

Time  of  Elections. 

Section  5.  Alunicipal  elections  shall  be  of  three  kinds — 
general,  i)riniary,  and  special.  General  elections  shall  be 
held  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber in  the  odd  numbered  years,  beginning  in  the  year  191 5. 
Primary  elections  shall  be  held  on  the  Tuesday  occurring 
four  weeks  before  the  date  of  the  next  ensuing  general 
election.  Elections  held  at  other  times  shall  be  special 
elections.  Candidates  for  elective  offices  shall  be  nomi- 
nated at  primary  elections  and  elected  at  general  elections. 
Any  matter  to  be  submitted  to  the  electors  of  the  City 
may  be  submitted  at  a  primary,  general  or  special  elec- 
tion,  except  as  otherwise  provided  in  this   Charter. 

Ballots. 

Section  6.  The  ballots  used  in  all  elections  provided  for 
in  this  Charter  shall  be  without  party  names,  emblems,  or 
designations,  and  shall  contain  the  complete  list  of  the 
offices  to  be  filled,  the  names  of  the  candidates  for  each 
office,  arranged  under  the  title  thereof,  together  with  such 
directions  as  will  aid  the  elector,  as  for  example — "vote 
for  one,"  "vote  for  two,"  and  the  like,  and  such  certification 
of  the  election  officers  upon  the  back  of  the  ballots  as  is 
prescribed  by  general  law.  With  the  name  of  each  can- 
didate there  shall  also  be  printed  his  place  of  residence 
and  a  statement  of  all  his  occupations  for  gain  within  the 
year  preceding  his  hereinafter-described  acceptance  of  nom- 
ination. The  names  of  candidates  on  all  such  ballots  shall 
be  printed  in  rotation.  Ballots  shall  be  so  printed  and 
,  bound  in  tablets  that  in  the  whole  number  of  such  ballots 
with  each  successive  ballot  there  shall  be  regular  aljjha- 
betical  rotation  of  names  for  each  place  on  the  list  of 
candidates  for  each  office,  and  that  the  name  of  each  can- 
didate for  each  office  shall  so  far  as  possible  occupy  each 
position  in  its  list  an  equal  number  of  times.  In  the  ap- 
plication of  the  provisions  of  this  Charter  relating  to  nom- 
inations and  elections,  two-year  terms  for  Council  and  four- 
year  terms  for  Council  shall  be  treated  as  distinct  offices. 
The   ballots    shall    in    all    other    respects    conform    as    nearly 


Charter  of  the  City  of  Cinxinnati  5 

as  may  be  to  the  general  election  laws  of  the  State.  Bal- 
lots requiring  a  vote  of  "yes"  or  "no",  or,  "for"  or  "against", 
or  their  equivalents,  shall  also  be  printed  and  combined  in 
tablets  in  such  manner  that  the  places  on  the  ballot  for 
voting  "yes"  and  "no"  or  other  affirmative  and  negative 
shall  rotate  in  position  and  the  affirmative  and  negative 
shall  not  have  the  same  order  of  position  upon  ballots  in 
a   tablet. 

Nominations. 

Section  7.  The  name  of  any  elector  of  the  City  shall  be 
printed  upon  the  primary  ballot  if  there  is  filed  with  the 
election  authorities  a  petition  in  accordance  with  the  fol- 
lowing provisions — 

'(a)  Such  petitions  shall  state  the  name  and  place  of 
residence  of  each  person  whose  name  is  presented  for  a 
place  upon  the  ballot  and  the  title  of  the  office  for  which  he 
is   a   candidate. 

(b)  Such  petitions  shall  be  signed  by  not  less  than  one 
thousand  qualified  electors  of  the  City. 

^(c)  An  elector  may  subscribe  to  but  one  nomination 
for  each  place  to  be  filled. 

(d)  No  signature  shall  be  valid  if  made  more  than  sixty 
days  prior  to  the  day  of  the  primary  election  and  all  pe- 
titions shall  be  filed  with  the  election  authorities  not  less 
than   forty  days   previous   to   such   election. 

Section  8.  Any  person  whose  name  is  submitted  for 
candidacy  by  any  such  petition  shall  file  his  acceptance  of 
such  candidacy  with  the  election  authorities  not  later  than 
thirty-five  days  previous  to  the  primary  election;  otherwise 
his  name  shall  not  appear  upon  the  ballot.  Such  accept- 
ance must  state  the  candidate's  place  of  residence  and 
all  his  occupations  for  gain  within  the  year  next  pre- 
ceding the  acceptance. 

InformLation  for   Electors. 

Si-clion  (J.  W^itliin  five  days  after  the  acceptance  of 
nomination,  any  candidate  may  furnish  the  election  authori- 
ties   with    a    pcrson.'illy    signed    statcnictil ,    of   not    mi)re    than 


6  Chaktiu^  of  the  City  of  Cincinnati 

five  hundred  \vords,  of  the  reasons  why  he  should  be  elected 
to  the  office  for  which  he  has  been  nominated,  together 
with  a  portrait  cut  of  himself  of  such  size  as  Council  shall 
fix  by  ordinance.  A  pamphlet  containing  such  statements 
and  cuts  shall  be  published  by  the  election  authorities,  and 
shall  have  printed  prominently  thereon,  "Candidate's  State- 
ments. Each  statement  is  made  solely  upon  the  respon- 
sibility of  the  candidate."  The  expense  of  publication  shall 
be  borne  in  equal  proportions  by  the  candidates  whose  state- 
ments appear  therein,  unless  otherwise  provided  by  Coun- 
cil. The  election  authorities  shall  also  print  sample  bal- 
lots in  all  respects  similar  except  as  to  quality  and  color 
of  paper  and  order  of  names  of  candidates  to  the  official 
ballots  for  the  primary,  with  a  statement  printed  thereon 
that  it  is  a  sample  ballot  and  that  on  the  primary  ballot 
the  names  will  appear  in  rotation ;  also  a  statement  of  the 
date  of  the  election  and  the  hours  between  which  ballots 
may  be  cast ;  and  shall  send  to  each  elector  of  the  City  a 
copy  of  such  sample  ballot,  together  with  a  copy  of  the 
above  described  pamphlet,  not  less  than  ten  days  before  the 
primary  election.  Copies  of  such  sample  ballots  shall  be 
posted  at  all  polling  places  not  less  than  ten  days  prior 
to    the    election. 

Sample  ballots  of  general  elections  shall  be  similarly 
printed,  posted,  and  sent  by  the  election  authorities  to 
each  elector  of  the  City  not  less  than  ten  days  before  the 
election. 

The  full  text  of  any  measure  or  question  to  be  voted  upon 
at  any  election  shall  also  be  printed  and  sent  to  each 
elector  not  less  than  ten  days  before  the  election. 

Section  10.  No  person,  persons,  group,  association,  or 
corporation  shall  send  out  any  sample  ballot,  complete  or 
partial,  or  campaign  literature  without  clearly  stating  there- 
on the  names  of  the  person  or  persons,  or  in  case  of  a  group, 
association,  or  corporation,  the  names  of  the  officers,  com- 
mittee, or  members  responsible  for  the  distribution  of  such 
sample  ballot  or  campaign  literature.  Ordinances  shall  be 
passed  providing  for  the  punishment  of  any  infraction  of 
this  provision  and  to  further  safeguard  voters  and  insure 
honest    elections   and   campaigns. 


Charter  of  the  City  of  Cincinnati  7 

Elections. 

Section  ii.  The  two  candidates  for  nomination  to  the 
ofifice  of  Mayor  who  shall  receive  the  highest  votes  in  such 
primary  election,  and  the  candidates  for  nomination  to  the 
office  of  Councilman  to  twice  the  number  of  vacancies  in 
the  City  Council  to  be  filled,  who  shall  receive  the  highest 
votes  in  such  primary  election,  shall  be  placed  on  the  bal- 
lot at  the  next  general  election.  In  event  of  the  death 
or  withdrawal  of  any  candidate  not  less  than  five  days 
before  the  general  election,  the  name  of  the  person  who 
at  the  primary  received  the  next  highest  vote  for  that 
office,  shall  be  placed  on  the  ballot. 

Any  person  who  would  be  entitled  to  become  a  candidate 
at  the  general  election  for  any  office  but  for  the  fact  that 
some  other  candidate  received  an  equal  number  of  votes 
at  the  primary  election,  shall  become  a  candidate  for  such 
office  and  his  name  shall  be  placed  on  the  ballot  at  the 
general   election. 

The  candidate  for  ]\Iayor  receiving  the  highest  number 
of  votes  at  the  general  election  and  the  candidates  for 
Council,  equal  in  number  to  the  offices  to  be  filled,  receiving 
the  highest  number  of  votes  at  such  election,  shall  be 
elected. 

Section  12.  Registration  and  qualification  of  electors 
.shall  be  as  prescribed  by  general  law. 

All  elections  shall  be  conducted  and  the  results  can- 
vassed and  certified  by  the  election  authorities  as  pre- 
scribed by  general  law,  and,  except  as  otherwise  provided  by 
this  Charter  or  by  ordinance,  the  gciicral  election  laws  shall 
control  in  all  elections. 

APPOINTMENTS. 

Who  Shall  Appoint. 

Section  13.  The  Mayor  shall  api)oint  all  heads  of  dcqiart- 
ments  except  the  Department  of  i'ublic  Innance.  The  head 
of  each  department  shall  aj)i)oint  all  heads  of  sub-deparl- 
mcnts  and  employes  therein.  This  i)r()vision  shall  also  apply 
to  departments  hereafter  erealed. 


8  Charter  of  the  City  of  Cincinnati 

Method  of  Appointment. 

Section  14.  (a)  The  term  "Civil  Service"  under  this 
Charter  inchides  all  officers  and  all  persons  occupying  posi- 
tions of  trust  or  employment  in  the  municipal  government. 

(b)  The  term  "appointing  officer"  means  the  officer  or 
head  of  department  having  the  power  of  appointment  to 
any  office   or   position. 

(c)  The  term  "employe"  or  "subordinate"  means  any 
person  holding  a  position  subject  to  appointment,  removal, 
promotion,  or  reduction  by  an  appointing  officer  except  the 
heads   of  departments. 

Section  15.  Appointments  to  and  promotions  in  the 
Civil  Service  of  the  City  shall  be  made  only  according  to 
merit  and  fitness,  to  be  ascertained  as  far  as  practicable  by 
examination,  and  no  person  shall  be  appointed,  removed, 
transferred,  laid  ofif,  suspended,  reinstated,  promoted,  or 
reduced  in  any  manner  or  by  any  means  other  than  by 
those  prescribed  in  this  Charter. 

Section  16.  The  Civil  Service  of  the  City  is  hereby  di- 
vided into  the  unclassified  and  the  classified  service. 

The  unclassified   service   shall   include : 

;(a)  All  elective  officers. 

(b)  All  heads  of  departments,  and  all  members  of  boards 
and    commissions    appointed    by    the    Mayor. 

(c)  One  Secretary  and  one  Stenographer  for  the  Mayor, 
one  Secretary,  one  Assistant  Secretary  and  one  Stenog- 
rapher for  the  Department  of  Sinking  Fund,  and  one  Sec- 
retary or  one  Stenographer  for  the  head  of  each  of  the 
other    departments. 

'(d)  The  President,  Professors,  and  Instructors  in  the 
University  of  Cincinnati,  and  the  medical  staff  of  the  City 
Hospitals. 

The  classified  service  shall  comprise  all  persons  in  the 
employ  of  the  City  not  specifically  included  in  the  un- 
classified  service. 

Section  17.  All  heads  of  departments  and  members  of 
boards  shall  be  recognized  experts  in  such  work  as  may 
devolve  upon  the  incumbents  of  such  offices,  or  persons 
especially    fitted    therefor    by    education,    training,    or    expe- 


Chakter  of  the  City  of  Cincinnati  9 

rience.  in  making  such  appointments,  the  appointing 
officer  shall  sign  a  certificate  in  the  following  form,  strik- 
ing out  such  alternative  as  may  be  inapplicable  to  the 
appointee : 

I  appoint  to  the  position  of  

Name  of  appointee  Name  of  office 

and  I  certify  that  in  my  opinion  he  is  (i)  a  recognized 
expert  in  the  work  which  may  devolve  upon  him,  or  that 
he  is  (2)  fitted  by  education,  training,  or  experience  to 
perform  the  duties  of  said  office,  and  that  I  make  the 
appointment  solely  in  the  interest  of  the   City. 


Signature   of   Appointing-   Officer. 


This  certificate  shall  be  filed  with  the  Civil  Service  Com- 
mission. The  Commission  shall  immediately,  under  such 
rules  as  it  may  establish,  make  a  careful  inquiry  into  the 
qualifications  of  the  person  named,  and  thereupon  it 
shall  file  with  the  appointing  officer  a  certificate  that  in 
its  opinion  he  is  or  is  not  a  recognized  expert  or  that  he 
is  or  is  not  qualified  by  education,  training,  or  experience 
for  said  office,  as  the  case  may  be.  Upon  the  filing  of  this 
certificate  the  appointment  shall  become  operative,  when 
affirmed  by  the  appointing  officer;  subject,  however,  to  all 
provisions  of  law  or  ordinance  in  regard  to  acceptance, 
oath   of  office   and   the   filing   of  bonds. 

Section  18.  There  shall  be  in  the  classified  service  three 
classes,  to  be  known  as  the  competitive  class,  the  non- 
competitive  class,   and   labor   class. 

(a)  The  competitive  class  shall  include  all  positions  and 
employments  for  which  it  is  practicable  to  determine  the 
merit  and  fitness  of  applicants  l)y  competitive  examina- 
tions,   except    as   otherwise    herein    ])r()vidcd. 

(1))  The  non-competitive  class  shall  consist  of  all  po- 
sitions requiring  peculiar  and  excei)tional  (|ualifications  of 
a  scientific,  m-anagerial,  professional,  or  educational  char- 
acter, as  may  be  determined  by  rules  of  the  Commission. 

(c)   The  labor  class  shall  include  ordinary  unskilled  labor. 

Section  19.  All  applicants  for  positions  and  places  in 
the    competitive    classified    service    .shall    be    subject    to    ex- 


10  ClIAKTER    OF    THE    CiTY    OF    CINCINNATI 

aniination,  which  shall  he  competitive  and  free  for  all,  with 
specified  limitations,  determined  by  the  Civil  Service  Com- 
mission, as  to  citizenship,  residence,  age,  sex,  experience, 
and  moral  character.  Such  examination  shall  be  practical 
in  character  and  shall  be  calculated  to  fairly  test  the  rela- 
tive capacity  of  the  persons  examined  to  discharge  the 
duties  of  the  position   for  which   appointment   is   sought. 

The  Civil  Service  Commission  may  create  sub-standard 
class  or  classes  of  labor  for  persons  of  less  than  normal 
capacity  for  service  whenever  the  best  interests  of  the 
City  seem  to  require  it. 

No  question  in  any  examination  shall  relate  to  political 
or    religious    opinions    or    affiliations. 

The  Commission  shall  give  reasonable  notice  in  the 
Municipal  Bulletin  of  the  time,  place,  and  general  scope 
of  all  competitive  examinations.  Copies  of  such  notices 
shcdl  also  be  posted  in  a  conspicuous  place  in  the  Commis- 
sion's office  at  least  two  weeks  before  such  examinations, 
except  in  cases  of  emergency,  but  in  no  case  less  than  one 
week. 

The  Commission  shall  require  persons  applying  for  ad- 
mission to  any  examination  to  file  with  the  Commission 
within  a  reasonable  time  prior  to  the  proposed  examina- 
tion a  formal  application  in  which  the  applicant  shall  state 
under  oath  or  affirmation : — 

(a)  Full   name,   residence,   and   post  offi.ce   address. 

(b)  Nationality,    age,    and    place    and    date    of    birth. 

(c)  Health   and   physical   capacity   for   public   service. 

(d)  Businesses  and  employments  and  places  of  residence 
for  at  least  the  five  previous  years. 

■(e)  Such  information  as  may  be  reasonably  required, 
touching  the  applicant's  merit  and  fitness  for  the  public 
service,  but  no  inquiry  shall  be  made  as  to  any  religious 
opinions   or  political   affiliations   of   the   applicant. 

Blank  forms  for  such  applications  shall  be  furnished  by 
the  Commission  without  charge  to  all  persons  requesting 
the  same.  The  Commission  may  require  in  connection  with 
such  application,  such  certificate  of  citizens,  physicians,  or 
others  having  knowledge  of  the  applicant  as  the  good  of  the 
service   may   demand.     The   Commission   may   refuse   to   ex- 


Charter  of  the  City  of  Cin'cinnati  11 

amine  an  applicant,  or,  after  an  examination,  to  certify  as 
eligible  any  person  who  is  found  to  lack  any  of  the  es- 
tablished preliminary  requirements  for  the  examination,  or, 
who  is  physically  so  disabled  as  to  be  rendered  unfit  for 
the  performance  of  the  duties  of  the  position  which  he 
seeks,  or,  is  addicted  to  the  habitual  use  of  drugs  or  in- 
toxicating liquors  to  excess,  or  who  has  been  guilty  of  any 
crime  or  infamous  or  disgraceful  conduct,  or,  who  has  been 
dismissed  from  the  public  service  for  delinquency  or  mis- 
conduct, or,  who  has  made  false  statements  of  any  ma- 
terial fact,  or  practiced  or  attempted  to  practice  any  de- 
ception or  fraud  in  his  application,  in  his  examination,  or 
in  establishing  his  eligibility  or  securing  his  appointment. 

Section  20.  From  the  returns  of  the  examinations,  the 
Commission  shall  prepare  an  eligible  list  of  the  persons 
whose  general  average  standing  upon  examinations  for  such 
grade  or  class  is  not  less  than  the  minimum  fixed  by  the 
rules  of  the  Commission,  and  who  are  otherwise  eligible; 
and  such  persons  shall  take  rank  upon  the  eligible  list  of 
candidates  in  the  order  of  their  relative  excellence  as  de- 
termined by  examination  without  reference  to  priority  of 
time  of  examination.  In  the  event  of  more  than  one  ap- 
plicant receiving  the  same  mark  at  the  examination,  pri- 
ority in  time  of  application  shall  determine  the  order  in 
which  their  names  shall  be  placed  on  the  eligible  list. 
The  term  of  eligibility  for  each  list  shall  be  fixed  by  the 
Commission  at  not  less  than  one  nor  more  than  four  years. 

Section  21.  When  a  position  in  the  con^petitive  classified 
service  is  to  be  filled,  the  appointing  officer  shall  notify  the 
Commission  of  the  fact,  and  the  Commission  shall,  except 
when  such  position  is  to  be  filled  by  promotion  as  herein 
provided,  certify  to  him  the  names  and  addresses  of  the 
three  candidates  standing  highest  on  the  appropriate  eli- 
gible list.  When  no  eligible  list  for  such  position  exists, 
names  may  be  certified  from  eligible  lists  most  nearly 
appropriate  for  the  groups  in  which  the  position  to  be  filled 
is  classified.  A  person  who  has  been  certified  from  an 
eligible  list  three  times  to  the  same  appointing  officer  for 
the  same  or  similar  position  may  thereafter  be  omitted 
from    further    certifications    to   such    officer,    but   certification 


12  Charter  of  the  City  of  Cincinnati 

for  a  temporary  appointment  shall  not  be  counted  as  one 
of  such  certifications.  The  appointing  officer  shall  notify 
separately  said  Commission  of  each  position  to  be  filled,  and 
shall  fill  such  position  by  appointment  of  one  of  three  per- 
sons  certified  to  him   by  the   Commission   therefor. 

Section  2.2.  Positions  in  the  competitive  class  may  be 
filled  without  competition  only  as  follows : 

(a)  When  there  are  urgent  reasons  for  filling  a  vacancy 
in  any  position  in  the  competitive  class  and  the  Civil  Serv- 
ice Commission  is  unable  to  certify  to  the  appointing  officer 
a  list  of  persons  eligible  for  appointment,  the  appointing 
officer  may  nominate  a  person  to  the  Commission  for  non- 
competitive examination,  and  if  such  nominee  shall  be  cer- 
tified by  the  said  Commission  as  qualified  after  such  non- 
competitive examination,  he  may  be  appointed  temporarily 
to  fill  such  vacancy  until  a  selection  can  be  made  from  an 
eligible  list  after  competitive  examination ;  but  such  tempo- 
rary appointment  shall  continue  in  force  only  until  regular 
appointment  can  be  made  from  eligible  lists  prepared  by  the 
Commission,  and  such  eligible  lists  shall  be  prepared  as  soon 
as  practicable  thereafter. 

If  such  temporary  appointee  shall  at  the  competitive  ex- 
amination receive  a  passing  grade,  but  a  grade  less  than 
one  entitling  him  to  rank  among  those  to  be  certified  for 
appointment,  his  name  and  grade  shall  be  certified  with  the 
others  entitled  to  certification  by  virtue  of  their  rank,  and 
the  appointing  officer  may  appoint  any  of  those  certified. 

The  Civil  Service  Commission  may  authorize  emergency 
appointments  without  examination  to  continue  not  longer 
than  fifteen  days,  but  in  no  case  shall  successive  emergency 
appointments  be  made,  and  in  all  such  cases  the  order  of 
the  Commission  with  the  facts  creating  the  emergency  shall 
be  entered  upon  its  minutes. 

(b)  Where  the  services  to  be  rendered  by  an  appointee 
are  for  a  temporary  period  not  to  exceed  one  mionth,  and 
the  need  of  such  service  is  important  and  urgent,  the  ap- 
pointing officer  may  select  for  such  temporary  service  any 
person  on  the  proper  list  of  those  eligible  for  the  permanent 
appointment  without  regard  to  his  standing  on  such  list. 
Successive    temporary    appointments    to    the    same    position 


Charter  of  the  City  of  Cincinnati  13 

shall  not  be  made  under  this  provision.  The  acceptance  or 
refusal  by  an  eligible  of  a  temporary  appointment  shall  not 
afifect  his  standing  on  the  register  for  permanent  employ- 
ment. 

Section  23.  Vacancies  in  positions  in  the  competitive 
class  shall  be  filled  so  far  as  practicable  by  promotions.  The 
Commission  shall  provide  by  its  rules  for  keeping  a  record 
of  efficiency  for  each  employe  in  such  service,  and  for  mak- 
ing promotions  therein  on  the  basis  of  merit,  to  be  ascer- 
tained so  far  as  practicable  by  competitive  examinations  and 
by  conduct,   efficiency  and  seniority  in  service. 

Section  24.  \\'ith  the  consent  of  the  Commission,  a  per- 
son holding  a  position  in  the  classified  service  may  be  trans- 
ferred to  a  similar  position,  but  no  transfer  shall  be  made 
from  a  position  in  one  class  to  a  position  in  another  class, 
nor  shall  a  person  be  transferred  to  a  position  for  original 
entrance  to  which  there  is  required  by  this  Charter  or  the 
rules  adopted  pursuant  thereto  an  examination  involving 
essentially  different  tests  or  qualifications  or  carrying  a 
salary  dififerent  from  or  higher  than  those  required  for  orig- 
inal entrance  to  the  position  held  by  such  person. 

Section  25.  Any  person  holding  a  position  under  the 
classified  service  who  has  been  separated  from  the  service 
without  delinquency  or  misconduct  on  his  part,  may,  with 
the  consent  of  the  Commission,  be  reinstated  within  one 
year  from  the  date  of  such  separation  to  a  vacancy  in  the 
same  or  similar  position  in  the  same  department ;  and  when- 
ever any  position  in  the  classified  service  is  abolished  or 
made  unnecessary,  the  person  holding  such  position  shall 
be  placed  by  the  Commission  at  the  head  of  an  appropriate 
eligible  list  and  for  a  period  of  not  to  exceed  one  year  shall 
be  certified  to  an  appointing  officer  as  in  the  case  of  original 
appointments. 

TENURES  AND  QUALIFICATIONS. 
Tenures. 

Section  26.  Except  as  otherwise  expressly  provided  in 
this  Charter,  term  tenures  are  prohibited,  and  the  tenure 
of  an  employe  shall  be  until  such  time  as  he  is  removed  or 


14  Charter  of  the  City  of  Cincinnati 

disqualified  as  provided  in  this  Charter,  or  until  the  position 
is   abolished. 

Section  27.  All  persons  lawfully  appointed  from  eligible 
lists  after  competitive  examination  since  January  ist,  1910, 
to  positions  which  are  in  the  classified  service  as  defined 
by  this  Charter,  and  who  are  incumbents  in  such  positions 
at  the  taking  effect  of  this  Charter,  shall  be  deemed  ap- 
pointees under  the  provisions  of  this  Charter.  Persons  who 
were  appointed  as  temporary  or  emergency  appointees  shall 
be  deemed  temporary  or  emergency  appointees,  as  the  case 
may  be,  under  the  provisions  of  this  Charter.  Persons  who, 
under  the  provisions  of  Section  10  of  the  Act  of  April  28th, 
1913,  "To  regulate  the  Civil  Service  of  the  State  of  Ohio, 
etc."  103  O.  L.  698,  are  subject  to  non-competitive  exam- 
inations as  a  condition  of  continuance  in  the  competitive 
classified  service,  shall  be  subject  to  such  examination  as  a 
condition  of  such  continuance. 

Qualifying  for  Positions. 

Section  28.  Every  elective  officer,  head  of  department, 
and  police  officer,  shall,  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  to  an  oath  or  affirmation  to  be 
signed  and  kept  in  the  office  of  the  Clerk  of  Council  that 
he  will  in  all  respects  faithfully  discharge  the  duties  of  his 
office.  Any  officer  or  appointee,  except  the  Director  of 
Finance  and  the  Sinking  Fund  Trustees  and  their  employes, 
who,  in  the  opinion  of  the  Director  of  Finance,  is  placed  in 
a  position  of  financial  trust  or  in  a  position  involving  cus- 
tody of  public  property,  and  every  police  officer,  shall  give 
and  file  a  bond,  in  such  amount  as  may  be  fixed  by  the  Di- 
rector of  Finance,  conditioned  for  the  faithful  performance 
by  such  person  of  the  duties  of  his  office  or  position. 
Bonds  shall  be  given  by  the  Director  of  Finance,  Sinking 
Fund  Trustees  and  their  employes  as  fixed  by  Council  and 
shall  be  filed  with  and  recorded  by  the  Clerk  of  Council. 
All  other  official  bonds  required  by  this  Charter  shall  be 
filed  with  the  Director  of  Finance  and  recorded  in  his  office. 
All  such  bonds  shall  be  approved  as  to  form  by  the  City 
Solicitor  and  as  to  sufficiency  by  the  Director  of  Finance, 
except  the  bonds  of  such  Director  of  Finance  and  the  Sink- 


Charter  of  the  City  of  Cincinnati  IS 

ing  Fund  Trustees  and  their  employes,  the  sufficiency  of 
which  shall  be  approved  by  Council.  No  person  elected  or 
appointed  to  an  office  or  position  shall  be  deemed  to  have 
accepted  such  election  or  appointment  until  the  oath  and 
bond  required  by  this  Charter  shall  have  been  duly  given 
and   filed. 

REMOVALS   OF  APPOINTEES. 
General. 

Section  29.  The  power  of  removal,  suspension,  reduction, 
or  lay-off  of  any  person  in  an  appointive  office  or  position 
shall  be  vested  in  the  appointing  officer,  except  as  otherwise 
expressly  provided  in  this  Charter.  Such  power  shall  be 
exercised  in  the  manner  and  subject  to  the  limitations  speci- 
fied in   this   Charter. 

Civil  Service  Commissioners. 

Section  30.  The  Mayor  may  at  any  time  file  written 
charges  against  any  Civil  Service  Commissioner  for  ineffi- 
ciency, neglect  of  duty,  or  malfeasance  in  office.  All  charges 
shall  be  specific  and  a  copy  shall  be  given  to  the  person 
against  whom  they  are  made,  and  at  the  same  time  copies 
shall  be  filed  with  the  Secretary  of  the  Civil  Service  Com- 
mission and  with  the  Ohio  State  Civil  Service  Commission. 
The  person  charged  shall  have  ten  days  to  file  an  answer 
with  the  Mayor  and  the  respective  secretaries  of  the  State 
and  Municipal  Civil  Service  Commissions.  Failure  to  file 
such  answer  within  such  time  shall  constitute  a  resignation. 
Immediately  upon  the  filing  of  the  answer,  the  State  Civil 
Service  Commission  shall  be  requested  by  the  Mayor  to 
hear  the  charges  at  the  City  Hall  in  this  City,  and  its  deci- 
sion shall  be  final.  If  within  ten  days  after  making  such 
request,  the  State  Commission  refuses  or  neglects  to  hold 
a  hearing,  a  committee  of  three  shall  be  appointed,  one  by 
the  Mayor,  one  by  the  Municipal  Civil  Service  Commission 
and  the  third  by  the  two  thus  selected,  or,  in  case  of  their 
failure  within  three  days  after  their  selection  to  agree  upon 
the    third    member,    the    Presiding    Judge    of    the    Superior 


16  Charter  of  the  City  ok  Cincinnati 

Court  shall  act  as  or  select  the  third  committeeman.  The 
committee  shall  hold  a  public  hearing  upon  the  charges,  at 
which  the  charged  commissioner  shall  have  the  right  to  be 
present  and  be  represented  by  counsel.  The  charged  com- 
missioner may  be  removed  by  the  Mayor  only  in  the  event 
that  the  State  Commission  or  said  committee,  as  the  case 
may  be,  shall  sustain  one  or  more  of  the  charges. 

Heads  o£  Departments. 

Section  31.  Before  removing  the  head  of  any  department 
or  any  member  of  a  board  or  commission  constituting  the 
head  of  a  department,  the  appointing  officer  shall  file  with 
the  Civil  Service  Commission  a  statement  of  the  specific 
reasons  therefor.  The  person  removed  may  within  five  days 
file  an  answer.  The  statement  and  answer  shall  constitute 
a  part  of  the  permanent  records  of  the  Civil  Service  Com- 
mission. 

Section  32.  The  removal  of  the  chief  of  the  sub-depart- 
ment of  Police  or  Fire  shall  be  preceded  by  a  suspension. 
The  Mayor  shall  have  the  exclusive  power  of  suspension  of 
any  such  chief  for  incompetence,  gross  neglect  of  duty,  gross 
immorality,  drunkenness,  failure  to  obey  orders  given  him 
by  the  proper  authority,  or  for  any  other  reasonable  and 
just  cause.  If  any  such  chief  is  so  suspended,  the  Mayor 
shall  forthwith  certify  that  fact  in  writing,  together  with 
the  cause  of  suspension,  to  the  Civil  Service  Commission, 
who  within  five  days  from  the  time  of  receipt  of  such  notice 
shall  proceed  to  hear  such  charges  and  render  thereon  a 
judgment  of  reinstatement,  reduction,  or  removal,  which 
judgment  shall  be  final. 

Section  ;^;^.  The  removal  of  any  policeman,  fireman,  or 
other  subordinate  or  employe  in  the  sub-departments  of 
Police  or  Fire  shall  be  preceded  by  suspension.  The 
Chiefs  thereof  shall  have  the  exclusive  right  to  suspend  any 
of  the  officers  or  employes  in  their  respective  sub-depart- 
ments for  incompetence,  gross  neglect  of  duty,  gross  im- 
morality, drunkenness,  failure  to  obey  orders,  or  for  any 
other  reasonable  and  just  cause.  Such  suspension,  together 
with  the   cause   thereof,  shall  be   forthwith   certified  by   the 


Charter  of  the  City  of  Cincinnati  17 

Chief  to  the  Director  of  Pubhc  Safety,  who  within  five  days 
from  the  receipt  thereof  shall  proceed  to  inquire  into  and 
investigate  the  cause  of  such  suspension,  and  render  judg- 
ment thereon,  which  judgment,  if  any  charge  be  sustained, 
may  be  either  suspension,  reduction  in  rank,  or  dismissal 
from  the  department,  and  such  judgment  in  the  matter  shall 
be  final,  unless  an  appeal  be  taken  therefrom  to  the  Civil 
Service  Commission.  Such  appeal  must  be  taken  within  ten 
days  after  the  decision  of  the  Director  of  Public  Safety. 
Within  five  days  after  the  taking  of  an  appeal,  the  Com- 
mission shall  proceed  to  hear  it  and  render  a  judgment  sus- 
taining or  modifying  the  decision  of  the  Director  or  a  judg- 
ment of  reinstatement.  The  judgment  of  the  Commission 
shall  be  final.  If  the  charges  be  not  sustained,  the  person 
suspended  shall  receive  his  regular  compensation  for  the 
period  of  his  suspension. 

Section  34.  No  person  shall  be  discharged  from  the  classi- 
fied service,  reduced  in  pay  or  position,  laid  off,  suspended, 
or  discriminated  against  by  the  appointing  officer  for  re- 
ligious or  political  reasons.  In  all  cases  of  discharge,  lay-off, 
reduction,  or  suspension,  the  appointing  officer  shall  at  the 
time  furnish  the  person  discharged,  laid  off,  reduced,  or  sus- 
pended with  a  copy  of  the  order  of  discharge,  lay-off,  reduc- 
tion, or  suspension,  and  a  statement  of  the  specific  reasons 
therefor.  Such  person  may  within  five  days  make  and  file 
an  explanation.  Such  order,  together  with  the  explanation, 
if  any,  shall  be  filed  with  the  Civil  Service  Commission. 
Nothing  in  this  section  shall  limit  the  power  of  an  officer 
to  suspend  a  subordinate  without  pay,  for  pur])oses  of  dis- 
cipline, for  a  reasonable  period,  not  exceeding  thirty  days; 
prcjvided,  however,  that  successive  suspensions  shall  not  be 
allowed. 


INITIATIVE  AND   REFERENDUM. 

Section  35.  The  exercise  of  the  legislative  power  of  the 
City  by  initiating,  adopting,  or  rejecting  ordinances  by  the 
initiative  anrl  referendum  is  hereby  reserved  to  the  electors 
of  the   City,   t(j  be  exercised   only   in   the   following  manner: 


18  Charter  of  the  City  of  Cincinnati 

Initiative. 

Section  36.  Any  proposed  ordinance,  including  an  ordi- 
nance for  the  repeal  or  amendment  of  an  ordinance  then  in 
effect,  may  be  submitted  to  the  City  Council  by  petitions 
signed  by  at  least  2,500  electors  of  Cincinnati.  All  petition 
papers,  circulated  with  respect  to  any  proposed  ordinance, 
shall  be  uniform  in  character;  shall  contain  the  proposed 
ordinance  in  full,  and  shall  have  printed  or  written  thereon 
the  names  and  addresses  of  at  least  five  registered  electors, 
who  shall  be  officially  regarded  as  a  Committee  of  the  Peti- 
tioners for  the  purpose  hereinafter  named. 

Section  37.  All  papers  comprising  an  initiative  petition 
shall  be  assembled  and  filed  with  the  Clerk  of  Council  within 
sixty  days  from   the   date   of  the  first  signature   thereon. 

Within  twenty  days  after  the  filing  of  a  petition,  the  Clerk 
of  Council  shall  ascertain  whether  the  petition  is  in  proper 
form  and  contains  the  names  of  the  requisite  number  of 
registered  electors.  Upon  completion  of  his  examination 
the  Clerk  of  Council  shall  endorse  upon  the  petition  a  cer- 
tificate of  the  result  of  his  examination. 

If  the  Clerk  ascertains  that  the  petition  is  insufficient  in 
any  respect  he  shall  at  once  notify  each  member  of  the 
Committee  of  the  Petitioners  hereinbefore  provided  for,  and 
the  petition  may  be  supplemented  at  any  time  within  fifteen 
days  from  such  notice  by  filing  with  the  Clerk  additional 
petition  papers. 

Within  ten  days  after  the  filing  of  such  additional  papers, 
the  Clerk  shall  examine  the  same,  and  attach  thereto  his 
certificate  as  to  their  sufficiency.  If  still  insufficient,  or  if 
no  additional  papers  shall  have  been  filed,  the  Clerk  shall 
file  the  petition  in  his  office,  and  shall  notify  each  member 
of  the  Committee  of  the  Petitioners  of  that  fact.  The  final 
finding  of  the  insufficiency  of  a  petition  shall  not  prejudice 
the  filing  of  a  new  petition  for  the  same  purpose. 

Section  38.  When  the  certificate  of  the  Clerk  shows  the 
petition  to  be  sufficient,  he  shall  submit  the  proposed  ordi- 
nance to  Council  at  its  next  regular  meeting,  and  Council 
shall  at  once  read  and  refer  the  same  to  an  appropriate  com- 
mittee, which  may  be  the  committee  of  the  whole.     Provi- 


Charter  of  the  City  of  Cincinnati  19 

sions  shall  be  made  for  public  hearings  upon  the  proposed 
ordinance.  The  committee  shall  report  the  proposed  ordi- 
nance to  Council,  with  its  recommendations  thereon,  not 
later  than  the  third  regular  meeting  of  Council  following 
that  at  which  the  proposed  ordinance  was  submitted  to 
Council  by  the  Clerk. 

Council  shall  take  final  action  thereon  within  thirty  days 
from  the  date  of  such  committee  report.  If  Council  reject 
the  proposed  ordinance,  or  pass  it  in  a  form  different  from 
that  set  forth  in  the  petition,  or  fail  to  act  finally  upon  it 
within  the  time  stated,  the  Committee  of  the  Petitioners 
may  require,  as  hereinafter  provided,  that  it  be  submitted 
to  a  vote  of  the  electors  with  any  proposed  change,  addition, 
or  amendment,  which  was  presented  in  writing  either  at  a 
public  hearing  before  the  committee  to  which  such  proposed 
ordinance  was  referred  or  during  the  consideration  thereof 
by   Council. 

When  an  ordinance  proposed  by  petition  is  to  be  submitted 
to  a  vote  of  the  electors,  the  Committee  of  the  Petitioners  shall 
certify  that  fact  and  the  proposed  ordinance  to  the  Clerk  of 
Council  within  ten  days  after  the  final  action  or  inaction  upon 
such  proposed  ordinance  by  Council. 

Section  39.  If  within  the  next  sixty  days  thereafter,  a  re- 
newal petition  signed  by  7,500  or  more  registered  electors  of 
the  City  shall  be  filed  with  the  Clerk  of  Council  for  the  pro- 
posed ordinance,  it  shall  be  submitted  to  a  vote  of  the  electors 
of  the  City.  Signers  of  the  original  petition  may  sign  the  re- 
newal petition,  which  shall  comply  as  to  form  and  affidavits 
with  all  the  provisions  governing  original  initiative  petitions  and 
the  provisions  of  this  Charter. 

The  sufficiency  of  said  renewal  petition  shall  be  determined 
and  certified  by  the  Clerk  of  Council,  and  if  insufficient,  it 
may  be  supplemented  in  the  same  manner  as  provided  with 
respect  to  original   initiative  petitions. 

The  final  finding  of  the  insufficiency  of  a  renewal  ]x^tition 
shall  not  ])rejudice  the  filing  of  a  new  origirial  petition  for  the 
same   purpose. 

Section  40.  If  an  election  is  to  be  held  not  more  llian  six 
months  nor  less  than  forty  days  after  endorsement  of  the 
sufficiency  of  a   renewal   petition,  the  jtrojjosed   ordinance  shall 


20  Charter  of  the  City  of  Cincinnati 

be  submitted  to  the  vote  of  the  electors  at  such  election.  If  no 
election  is  to  be  held  within  the  time  aforesaid,  and  the  re- 
newal petition  was  signed  by  15,000  or  more  registered  electors, 
Council  shall  provide  for  submitting  the  proposed  ordinance 
to  the  electors  at  a  special  election  to  be  held  not  later  than 
sixty  days  nor  earlier  than  forty  days  after  the  endorsement 
of  sufficiency ;  otherwise,  it  shall  be  submitted  at  the  next  elec- 
tion held  for  any  other  purpose. 

Section  41.  The  ballots  used  when  voting  upon  any  such 
proposed  ordinance  shall  contain  the  title  of  the  ordinance  to 
be  voted  on  and  below  it  the  two  statements  "For  the  ordinance" 
and  "Against  the  ordinance."  When  a  majority  of  the  electors 
voting  on  any  such  proposed  ordinance  shall  vote  in  favor 
thereof,  it  shall  become  an  ordinance  of  the  City,  and  any 
such  adoption  of  an  ordinance  by  popular  vote  shall  auto- 
matically repeal  every  modification  of  such  ordinance  enacted 
by  Council  after  the  filing  of  the  original  petition.  Initiated 
ordinances  shall  be  published ;  and  may  be  amended  or  repealed 
by  vote  of  three-fourths  of  the  members  of  Council. 

Referendum. 

Section  42.  No  ordinance  except  the  Annual  Appropria- 
tion and  Improvement  Ordinances  or  modifications  thereof, 
or  an  emergency  measure,  shall  take  efifect  before  thirty  days 
after  its  passage  by  Council.  If  within  such  thirty  days  a 
petition  signed  by  not  less  than  10,000  registered  electors, 
protesting  against  the  taking  effect  of  an  ordinance  and  re- 
questing its  repeal  or  submission  to  the  electors  shall  be  filed 
with  the  Clerk  of  Counoil,  then  the  operation  of  such  ordinance 
shall  be  automatically  suspended.  Every  petition  paper  shall 
contain  the  full  text  of  the  ordinance  and  shall  in  all  other  re- 
spects conform  to  the  requirements  of  this  Charter  concerning 
initiative  petitions. 

When  such  referendum  petition  is  filed  with  the  Clerk  of 
Council  he  shall  determine  the  sufficiency  thereof  in  the  manner 
provided  in  this  Charter  for  initiative  petitions.  If  the  peti- 
tion be  found  sufficient  or  be  made  sufficient  by  amendment 
in  the  manner  and  within  the  time  provided  in  this  Charter 
for  initiative  petitions,  the  Clerk  shall  certify  such  fact  to 
Council. 


Charter  of  the  City  of  Cinxixnati  21 

Section  43.  Thereupon  Council  shall  reconsider  such  or- 
dinance and  if  the  same  be  not  entirely  repealed  within  thirty 
days,  shall  submit  it  to  a  vote  of  the  qualified  electors  of  the 
City  at  the  next  election  held  more  than  forty  days  after  the 
refusal  of  Council  to  repeal  the  ordinance.  If  a  majority  of 
those  voting  on  the  question  vote  against  the  ordinance,  it  shall 
be  deemed  repealed,  otherwise  it  shall  take  effect  upon  the  offi- 
cial announcement  of  the  result  of  the  election. 

Section  44.  The  ballots  to  be  used  and  the  manner  of  vot- 
ing in  referendum  elections  shall  conform  in  all  respects  to 
the  provisions  of  this  Charter  governing  elections  upon  initiated 
ordinances. 

Section  45.  When  an  ordinance  provides  for  or  authorizes 
the  expenditure  of  money,  or  the  making  of  a  contract,  or  the 
issuance  of  bonds,  then  the  pubHcation  and  advertisements 
required  by  law,  the  call  for  and  receipt  of  bids,  and  all  other 
executive  and  administrative  steps  preliminary  to  the  actual 
expenditure,  or  execution  of  a  contract  or  issuance  of  bonds 
may  be  made  and  taken  during  the  thirty-day  period  of  sus- 
pension for  the  filing  of  a  petition  or  during  the  period  of 
suspension  for  a  referendum  election. 

COUNCIL. 
Election  and  Powers. 

Section  46.  Except  as  otherwise  provided  in  this  Charter, 
the  legislative  power  of  the  City  shall  be  vested  in  a  Council 
of  fifteen  members.  Council  shall  have  power  to  enact  all 
ordinances  and  resolutions  necessary  and  proper  for  carrying 
into  effect  all  powers  vested  in  the  City  or  any  of  its  officers. 
At  the  general  election  of  1915  eight  members  shall  be  elected 
for  a  term  of  four  years,  and  seven  members  for  a  term  of 
two  years,  such  terms  beginning  January  1,  1916.  Thereafter 
at  general  elections  there  shall  be  alternately  elected  seven 
members  and  eight  members  for  terms  of  four  years  each, 
beginning  on  the  first  day  of  the  following  January.  Vacan- 
cies in  Council  shall  be  filled  by  Council  for  the  unexpired 
term. 


22  Charter  of  the  City  of  Cincinnati 

Investigations. 

Section  47.  Council  or  any  duly  authorized  committee  there- 
of may  investigate  the  financial  transactions  of  any  office  or 
department  of  the  city  government  and  the  official  acts  and 
conduct  of  any  city  official,  and  may  secure  information  rela- 
tive to  any  matter  upon  which  Council  may  act. 

Qualifications  of  Councilman. 

Section  48.  Each  member  of  Council  shall  be  an  elector  of 
the  city  or  an  annexed  portion  thereof  for  a  period  of  one 
year  preceding  his  acceptance  of  nomination.  A  member  of 
Council  who  ceases  to  be  an  elector  of  the  City  shall  forfeit 
his  office.  Councilmen  shall  not  hold  any  other  public  office 
or  employment,  except  that  of  Notary  Public  or  member  of 
the  State  Militia.  No  member  of  Council  shall,  except  in  so 
far  as  is  necessary  in  the  performance  of  the  duties  of  his 
office,  interfere  directly  or  indirectly  in  the  conduct  of  an 
administrative  department,  or  directly  or  indirectly  take  any 
part  in  the  appointment,  promotion  or  dismissal  of  any  officer 
or  employe  in  the  service  of  the  City  other  than  the  appointees 
of  Council. 

Salary  and  Attendance  of  Councilmen. 

Section  49.  The  salaries  of  Councilmen  shall  be  $1,500.00 
a  year  each  until  otherwise  fixed  by  ordinance  passed  in  any 
even  numbered  year,  but  no  change  in  the  salary  of  a  council- 
man shall  be  made  during  his  term. 

For  each  absence  of  a  member  from  regular  meetings  of 
Council,  unless  excused  for  good  cause  shown,  recorded  on  the 
journal  and  approved  by  a  two-thirds  vote  of  all  members 
thereof,  there  shall  be  deducted  a  sum  equal  to  two  percent 
(2%)  of  the  annual  salary  of  each  member.  Absence  from 
ten  (10)  consecutive  regular  meetings  shall  operate  to  vacate 
the  seat  of  a  member  unless  such  absence  be  authorized  by 
Council. 

Meetings  of  Council. 

Section  50.  At  eight  o'clock  P.  M.,  on  the  first  Monday  in 
January  following  a  general  election.  Council  shall  meet  at  the 


Ch.'Vrter  of  the  City  of  Cixcinxati  23 

usual  place  of  holding  meetings,  at  which  time  the  newly 
elected  councilmen  shall  assume  the  duties  of  their  office. 
Thereafter  Council  shall  meet  at  such  times  as  may  be  pre- 
scribed by  ordinance  or  resolution.  The  Mayor,  the  President 
of  Council,  or  any  five  members  thereof  may  call  special  meet- 
ings of  Council  upon  at  least  twelve  (12)  hours'  written  notice, 
served  personally  on  each  member  or  left  at  his  usual  place  of 
residence.  Such  notice  shall  state  the  subjects  to  be  considered 
at  the  meeting  and  no  other  subject  shall  be  considered.  All 
meetings  of  Council  or  committees  thereof  shall  be  public  and 
any  citizen  shall  have  access  to  the  minutes  and  records  thereof 
at  all  reasonable  times. 

Rules  and  Journal. 

Section  51.  Council  shall  determine  its  own  rules  and  order 
of  business  and  shall  keep  a  journal  of  its  proceedings.  It  may 
punish  or  expel  any  member  for  disorderly  conduct  or  viola- 
tion of  its  rules.  No  expulsion  shall  take  place  without  the 
concurrence  of  two-thirds  of  all  the  members  elected  nor  until 
the  delinquent  member  shall  have  been  notified  of  the  charge 
against  him  and  been  given  an  opportunity  to  be  heard. 

President  of  Council. 

Section  52.  At  the  first  meeting  in  January  following  a 
general  municipal  election.  Council  shall  elect  one  of  its  mem- 
bers President,  who  shall  preside  at  meetings  and  perform  such 
other  duties  as  presiding  officer  as  may  be  imposed  upon  him. 
In  the  absence  of  the  President,  Council  shall  elect  a  President 
pro  tempore. 

Clerk. 

Section  53.  Council  shall  appoint  a  Clerk  and  its  other  em- 
ployes. The  Clerk  shall  keep  the  records  of  Council,  record  all 
resolutions  and  ordinances  of  Coimcil  and  perform  such  other 
duties  as  may  be  required  by  this  Charter  or  by  Council. 

Procedure. 

Section  54.  Council  shall  be  the  judge  of  the  election  and 
qualifications  of  its  members.     A  majority  of  all  the  members 


24  Charter  of  thk  City  of  Cincinnati 

elected  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  less  number  may  adjourn  from  day  to  day  and 
compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  may  be  prescribed  by  ordinance.  The 
affirmative  vote  of  a  majority  of  all  the  members  of  Council 
shall  be  necessary  to  adopt  any  ordinance  or  resolution.  The 
vote  upon  the  passage  of  all  ordinances  shall  be  taken  by 
"yeas"  and  "nays"  and  entered  upon  the  journal. 

Ordinance   Enactment. 

Section  55.  Each  proposed  ordinance  or  resolution  shall  be 
introduced  in  written  or  printed  form.  Except  as  otherwise 
provided  in  this  Charter,  no  ordinance  or  resolution  shall  con- 
tain more  than  one  subject  which  shall  be  clearly  stated  in  the 
title.  The  enacting  clause  of  all  ordinances  passed  by  Council 
shall  be,  "Be  it  ordained  by  the  Council  of  the  City  of  Cin- 
cinnati." The  enacting  clause  of  initiated  ordinances  shall  be, 
"Be  it  ordained  by  the  people  of  the  City  of  Cincinnati." 

Section  56.  No  ordinance,  except  an  emergency  measure, 
shall  be  passed  until  it  has  been  read  on  three  separate  days 
or  the  requirement  of  reading  on  three  separate  days  has  been 
dispensed  with  by  a  three-fourths  vote  of  all  the  members  of 
Council.  The  third  reading  shall  be  in  full  unless  the  measure 
shall  have  been  printed  and  a  copy  thereof  furnished  each 
member  prior  to  such  third  reading.  Every  ordinance  or  reso- 
lution shall  be  published  in  full  in  the  Municipal  Bulletin 
within  ten  days  after  its  final  passage.  No  other  publication 
shall  be  necessary  except  as  otherwise  provided  in  this  Charter, 

Section  57.  No  ordinance  or  resolution  or  section  thereof 
shall  be  revised  or  amended,  unless  the  new  ordinance  or  reso- 
lution contain  the  entire  ordinance  or  resolution  or  section 
revised  or  amended,  and  the  original  ordinance,  resolution, 
section  or  sections  so  amended  shall  be  repealed. 

Emergency  Measures. 

Section  58.  Council  may,  by  a  two-thirds  vote  of  all  its 
members,  pass  emergency  measures  to  take  efifect  at  the  time 
indicated  therein.  An  emergency  measure  is  an  ordinance  or 
resolution   for  the  immediate  preservation  of  the  public  peace, 


Charter  of  the  City  of  Cixcixxati  25 

property,  health,  or  safety,  or  providing  for  the  usual  daily 
operation  of  a  mvuiicipal  department,  in  which  the  emergency 
is  set  forth  and  defined  in  a  preamble  thereto.  Ordinances 
appropriating  money  may  be  passed  as  emergency  measures, 
but  no  measure  making  a  grant,  renewal  or  extension  of  a 
franchise  or  special  privilege  or  regulating  the  rate  to  be 
charged  for  its  services  by  any  public  utility  shall  ever  be 
passed  as  an  emergency  measure.  An  emergency  measure  shall 
be  subject  to  the  referendum,  but  shall  remain  in  full  force 
and  effect  until  ten  days  after  rejection  at  a  referendum  elec- 
tion, at  which  times  it  shall  be  deemed  repealed. 

Mayor's  Veto. 

Section  59.  Any  ordinance  or  resolution  passed  by  Council 
shall  be  signed  by  the  President  or  other  presiding  officer  and 
presented  forthwith  to  the  Mayor  by  the  Clerk.  If  the  Mayor 
approve  such  ordinance  or  resolution  he  shall  sign  it  within  ten 
days  after  its  passage  or  adoption  by  Council;  but  if  he  do  not 
approve  it,  he  shall  within  said  ten  days  return  it  to  Council 
with  his  objections,  or  if  Council  be  not  then  in  session,  at  the 
next  regular  meeting  thereof,  which  objections  Council  shall 
cause  to  be  entered  in  full  on  its  journal.  If  the  Mayor  do 
not  sign  or  veto  an  ordinance  or  resolution  after  its  passage  or 
adoption  within  the  time  specified,  it  shall  take  effect  in  the 
same  manner  as  if  he  had  signed  it.  The  Mayor  may  approve 
or  disapprove  the  whole  or  any  item  or  part  of  any  ordinance 
or  resolution  appropriating  money.  When  the  IMayor  refuses 
to  sign  an  ordinance  or  resolution  or  part  thereof  and  returns 
it  to  Council  with  his  objection,  Council  shall,  after  the  ex- 
piration of  not  less  than  one  week,  proceed  to  reconsider  it 
and,  if  upon  reconsideration  the  resolution  or  ordinance  or  part 
or  item  thereof  disapproved  by  the  Mayor  be  apjiroved  by  the 
vote  of  two-thirds  of  all  the  members  of  Coincil,  it  shall  take 
effect  without  the  signature  of  the  Mayor.  In  all  such  cases 
the  votes  shall  be  taken  by  "yeas"  and  "nays"  and  entered  on 
the  journal. 

MAYOR. 

Section  60.  The  executive  and  administrative  powers  of  the 
City   shall   be   vested   in   the   Mayor,   the  heads   of   dei)artnients 


26  Charter  of  the  City  ok  Cincinnati 

and  other  administrative  officers  provided  for  in  this  Charter 
or  by  ordinance. 

Section  61.  The  Mayor  shall  be  the  chief  executive  officer 
of  the  City.  He  shall  be  elected  for  a  term  of  four  years, 
beginning  on  the  first  day  of  January  next  after  his  election 
and  shall  serve  until  his  successor  has  been  qualified.  The 
Mayor  shall  be  an  elector  of  the  City  or  territory  annexed 
thereto  for  at  least  one  year  prior  to  the  date  of  his  election 
and  shall  not.  hold  any  other  public  office  or  employment  ex- 
cept that  of  Notary  Public  or  member  of  the  State  Militia. 

Section  62.  The  salary  of  the  Mayor  shall  be  $10,000  a  year 
until  otherwise  fixed  by  Council ;  but  the  salary  of  an  incum- 
bent or  a  mayor-elect  shall  not  be  changed  for  the  term  for 
which  he  is  chosen. 

Section  63.  The  Mayor  shall  be  the  Chief  Conservator  of 
the  peace  within  the  City ;  shall  supervise  the  administration  of 
its  afifairs ;  enforce  all  ordinances ;  and  recommend  to  Council 
such  measures  as  he  may  deem  necessary  or  expedient.  He 
shall  keep  Council  advised  of  the  financial  condition  and  needs 
of  the  city ;  prepare  and  submit  to  Council  such  reports  as 
may  be  required  by  that  body ;  and  exercise  such  powers  and 
perform  such  duties  as  are  conferred  or  required  by  this 
Charter. 

Section  64.  The  Mayor  or  any  person  appointed  by  him 
may  without  notice  investigate  the  affairs  of  any  department 
or  the  conduct  of  any  officer  or  employe. 

Succession. 

Section  65.  Council  shall  fill  any  vacancy  in  the  office  of 
Mayor  by  appointment.  Until  such  appointment,  the  duties  of 
Mayor  shall  be  performed  by  the  Mayor's  Deputy. 

If  a  vacancy  occur  after  the  first  twenty  months  of  any 
Mayor's  term,  the  appointee  of  Council  shall  serve  the  unex- 
pired portion  of  such  term;  but  if  it  occur  prior  to  that  time, 
such  appointee  shall  serve  only  until  the  qualification  of  a 
successor  who  shall  be  elected  at  the  next  regular  election  for 
the  unexpired  term. 

Section  66.  The  Mayor  shall  be  entitled  to  a  seat  in  Council 
and  may  take  part  in  all  discussions,  make  recommendations 
and  introduce  ordinances,  but  shall  have  no  power  to  vote. 


Charter  of  the  City  of  Cincinnati  27 

Section  67.  The  Mayor  shall  hold  meetings  with  his  Heads 
of  Departments  at  least  once  a  month  and  at  other  times  upon 
call. 

ADMINISTRATIVE  DEPARTMENTS. 

Section  68.  The  following  administrative  departments  are 
hereby  established : 

General  Administration 

Finance 

Sinking  Fund 

Law 

Civil  Service 

Public  Safety 

Social  Welfare 

Public  Service 

Highways 

Public  Utilities 

Parks  and  Playgrounds 

Health 

Hospitals 

University 

City   Planning 

Southern    Railway 

OTHER   DEPARTMENTS. 

Section  69.  Council  shall  not  abolish  any  of  said  depart- 
ments nor  transfer  to  any  other  department  the  powers,  func- 
tions and  duties  hereby  entrusted  to  and  imposed  upon  any 
department ;  except  that,  with  the  consent  of  the  Mayor,  Coun- 
cil may  authorize  the  creation  of  a  special  department  for  the 
carrying  out  of  the  planning  and  construction  of  an  improve- 
ment or  utility  of  unusual  magnitude.  Council  may  also  create 
special  and  temporary  departments  for  the  making  of  special 
investigations  and  re])orts  and  may  authorize  the  creation  of 
new  and  additional  departments  for  the  exercise  and  perform- 
ance of  powers,  functions  and  duties  to  and  U])on  the  depart- 
ments herein  created. 

vSection  70.  Tn  addition  to  the  sub-departments  provided  in 
this   Charter,   each    head   of   a    department   may    establish    such 


28  Chartkr  of  the  City  of  Cincinnati 

sub-departments  as  may  in  his  or  its  opinion  be  necessary,  and 
may  determine  the  nmnber  and  character  of  positions. 

GENERAL  POWERS  AND   DUTIES. 

Section  71.  The  head  of  each  department  shall  be  respon- 
sible to  the  Mayor  for  the  faithful  and  efficient  administration 
of  the  department,  except  that  the  head  of  the  Department  of 
Finance  shall  be  responsible  to  Council.  Subject  to  such  re- 
sponsibility to  the  Mayor  or  Council,  the  head  of  each  depart- 
ment shall  have  the  supervision  and  control  of  that  department 
and  shall  make  all  needful  general  rules  and  regulations,  not 
inconsistent  with  this  Charter,  for  the  transaction  of  the  busi- 
ness of  the  Department,  which  rules  shall  be  duly  recorded  and 
accessible  to  the  public.  Each  head  shall  keep  a  record  of  his 
or  its  proceedings  and  shall  annually,  at  a  date  fixed  by  the 
Mayor,  render  to  the  Mayor  a  full  report  of  the  work  of  the 
'  department,  a  copy  of  which  shall  also  be  furnished  to  Coun- 
cil, and  shall  further  furnish  to  Council  or  the  Mayor  at  any 
time  such  information  relating  to  the  department  as  either  may 
require. 

QUALIFICATIONS  AND  PAY. 

Section  72.  Except  as  otherwise  provided  in  this  Charter, 
the  title,  qualification,  and  compensation  of  any  appointive 
position  in  the  unclassified  service  shall  be  fixed  by  the  appoint- 
ing officer. 

The  Civil  Service  Commission  shall  fix  the  compensation  for 
the  various  grades  of  positions  in  the  classified  service,  subject 
to  the  approval  of  Council. 

DEPARTMENT    OF    GENERAL    ADMINISTRATION. 

Organization,  Powers  and  Duties. 

Section  73.  The  Mayor's  Deputy  shall  be  the  head  of  the 
Department  of  General  Administration.  This  Department  shall 
include  the  following  sub-departments: 

Purchasing 

Efficiency  and  Investigation 

Information   and   Complaints 

Public  Lands  and  Buildings 

Records 


Charter  of  the  City  of  Cincinnati  29 

The  Mayor's  Deputy  shall  also  assist  the  Mayor  in  his 
supervision  of  the  administration  of  all  departments  of  the 
city,  edit  the  Municipal  Bulletin,  and  perform  generally  the 
functions  and  duties  of  an  assistant  to  the  Mayor,  and  during 
the  absence  or  temporary  disability  of  the  Mayor  shall  perform 
the  duties  and  have  the  DOwer  of  the  Mayor. 

Purchasing. 

Section  74.  I'he  sub-department  of  Purchasing  shall  be  in 
the  immediate  charge  of  a  Purchasing  Agent,  The  functions 
and  duties  of  this  sub-department  shall  be  to  purchase  all 
material,  supplies,  tools,  machinery  and  equipment  required  by 
the  City,  and  to  contract  for  the  repair  of  all  personal  property 
of  the  City.  All  purchases,  contracts  and  sales  shall  be  by 
competitive  bidding,  as  far  as  practicable.  Supplies,  material 
jind  equipment  shall  be  standardized,  insofar  as  practicable. 
Purchases  shall  be  made  upon  definite,  detailed  specifications, 
approved  by  the  department  to  be  supplied.  This  sub-depart- 
ment shall  have  charge  of  the  selling  of  all  personal  property 
of  the  City  not  needed  for  public  use.  Supplies  and  other 
articles  required  by  any  department  may  be  furnished  from 
the   storehouses   or   warehouses   of   this   sub-department. 

Investigation  and  Efficiency. 

Section  75.  The  sub-department  of  Investigation  and 
Efficiency  shall  be  in  charge  of  a  Superintendent.  It  shall  be 
the  duty  of  this  sub-department  to  prescribe  the  form  of  all 
reports  relating  to  the  conduct  or  condition  of  the  departments 
of  the  City  and  to  make  such  Investigations  and  perform  such 
duties  as  the  Mayor  may  from  time  to  time  assign  to  it  for 
the  purpose  of  procuring  information  as  to  the  conduct  or  f(ir 
increasing  the  efficiency  of  any  department.  The  Alayor, 
through  this  sul)-de])artment  or  otherwise,  shall  cause  annual 
audits  to  be  made  of  the  Depnrtnients  of  Finance  and  Sinkin;; 
Fund. 
Information  and  Complaints. 

Section  76.  The  funciioiis  and  dulies  of  i]\v  sub-(lei)arlnicnt 
of  Information  and  Complaints  siiall  be  to  furnish  information 
to  the  public  concerning  the  City  and  its  administration  and  lo 
investigate  and  report  upon  complninls  rnncenn'ng  Ihr  adininis 


30  Charter  of  the  City  of  Cincinnati 

tration  of  the  city's  affairs.  This  suh-department  shall  also 
perform  such  other  duties  as  may  he  assigned  to  it  relating  to 
publicity  of  the  City  and  of  the  administration  of  its  govern- 
ment. 

Public  Lands  and  Buildings. 

Section  77.  The  sub-department  of  Public  Lands  and 
Buildings  shall  be  in  charge  of  a  Superintendent.  It  shall 
have  control  of  the  City  Hall  and  of  all  town  halls  of  annexed 
cities  and  villages  and  of  all  public  lands  and  buildings  not 
assigned  by  this  Charter  or  by  ordinances  of  Council  to  some 
other  department. 

Records. 

Section  78.  The  sub-department  of  Records  shall  be  in 
charge  of  a  Custodian  of  Records.  It  shall  have  the  custody 
and  be  charged  with  the  care  and  preservation  of  all  official 
records,  documents  and  reports  of  the  city  and  of  annexed 
cities  and  villages  excepting  those  in  current  use  by  the  various 
departments.  No  records,  documents  or  reports  shall  be  de- 
stroyed except  by  the  direction  of  the  Custodian  and  the 
approval  of  the  Mayor's  Deputy. 

Municipal  Bulletin. 

Section  79.  A  Municipal  Bulletin  shall  be  edited  and  pub- 
lished each  week  under  the  direction  of  the  Mayor's  Deputy. 
It  shall  contain  the  proceedings  of  Council,  the  legal  advertising 
of  the  City,  and  such  other  information  relating  to  the  official 
business  of  the  City  as  may  be  provided  by  ordinance.  It 
shall  be  published  and  distributed  in  such  manner  and  on  such 
terms  as  Council  may  determine.  None  but  official  advertise- 
ments shall  be  published  in  the  Bulletin,  nor  shall  it  be  used  to 
promote  the  candidacy  of  any  person  to  office. 

DEPARTMENT  OF  FINANCE. 

Organization,  Powers  and  Duties. 

Section  80.  The  head  of  the  Department  of  Finance  shall 
be  the  Director  of  Finance.  This  department  shall  include  the 
following  sub-departments : 


Charter  of  the  City  of  Cincinnati  31 

Accounting  and  Auditing 
Treasury 

Assessments,     Licenses     and     Miscellaneous     Revenue 
Collections 

The  Department  of  Finance  shall  prescribe  the  form  of 
accounts,  supervise  and  control  the  keeping  of  the  financial 
accounts  of  the  City  and  of  all  departments  thereof,  have 
charge  of  the  collection,  custody  and  payment  of  the  money  of 
the  City,  except  as  otherwise  provided  in  this  Charter.  It  shall 
perform  all  other  financial  duties  assigned  to  this  department 
by  this  Charter  or  by  Council.  During  the  temporary  absence 
or  disability  of  the  Director  of  Finance,  the  Chief  Accountant 
shall  perform  the  duties  and  have  the  powers  of  the  Director 
of  Finance. 

Section  81.  The  Accounting  System  of  the  City  shall  be 
of  the  double  entry  type,  so  devised  and  operated  as  to  give 
the  Department  of  Finance  complete  accounting  record  of  and 
current  control  over  all  of  the  city's  assets  and  liabilities,  its 
income  and  expense,  and  those  accounts  that  show  all  of  the 
various  facts  in  relation  to  restrictions  on  expenditure  imposed 
upon  the  City. 

Accounting  and  Auditing. 

Section  82.  The  sub-department  of  Accounting  and  Auditing 
shall  be  in  charge  of  the  Chief  Accountant,  who  shall  be  a 
certified  public  accountant  or  one  having  equivalent  qualifica- 
tions. It  shall  keep  the  general  accounts  of  the  City,  supervise 
and  control  accounting  in  all  departments,  prepare  periodically 
such  summaries  and  analytical  statements  as  shall  be  necessary 
to  show  the  full  effect  of  the  transactions  of  the  City,  including 
distinct  summaries  and  schedules  for  each  public  utility  owned 
or  operated.  It  shall  audit  all  claims  against  the  City  and 
ascertain  that  supi)lies  and  materials  have  been  delivered  as 
purchased.  For  the  investigation  of  any  claim,  the  Director 
of  Finance  shall  have  power  to  require  evidence  that  such 
claim  is  valid,  and  for  that  purpose  may  summon  bcfon-  him 
any  person  and  examiiu-  him  upon  oath  or  affirmation  relative 
thereto. 


32  Charter  of  the  City  of  Cincinnati 

Treasury. 

Section  83.  The  sub-department  of  the  Treasury  shall  hz 
in  charge  of  the  City  Treasurer.  It  shall  be  the  custodian  of 
all  funds  except  those  in  charge  of  the  Sinking  Fund  Trustees, 
and  on  the  warrant  of  the  Director  of  Finance  shall  receive 
and  pay  out  such  funds. 

All  cash  receipts  of  the  City  shall,  when  practicable,  be 
deposited  daily  in  the  Treasury  and  shall  in  no  case  be  deposited 
later  than  one  week  after  receipt.  The  Treasurer  shall  daily 
deposit  in  bank  all  cash  received. 

Council  shall  provide  for  the  deposit  of  such  funds  by  the 
Director  of  Finance,  in  the  manner  and  subject  to  the  limita- 
tions set  forth  in  Section  92  of  this  Charter  relating  to  deposits 
by  the  Sinking  Fund  Trustees. 

Assessments,  Licenses,  Mtseellaneous  Revenue  Collections. 

Section  84.  Tlie  sub-department  of  Assessments,  Licenses 
and  Miscellaneous  Revenue  Collections  shall  collect  fees  and 
such  moneys  due  the  City  as  Council  may  prescribe. 

DEPARTMENT  OF  THE  SINKING  FUND. 
Appointment. 

Section  85.  The  custody,  management,  control  and  admin- 
istration of  the  Sinking  Fund  shall  be  vested  in  a  Board  of 
Sinking  Fund  Trustees,  composed  of  the  Director  of  Finance, 
ex  officio,  and  four  other  citizens  of  the  City,  well-known  for 
their  intelligence  and  integrity,  who  shall  serve  without 
compensation. 

The  members  of  the  existing  Board  shall  continue  in  office 
for  the  terms  respectively  for  which  they  were  appointed.  As 
the  terni  of  iny  member  exjiires,  his  successor  shall  be 
appointed  for  a  term  of  four  years. 

Organization,  Powers  and  Duties, 

Section  86.  The  Trustees  of  the  Sinking  Fund  shall  select 
one  of  their  members  as  President  and  another  as  Vice- 
President,  who  in  the  absence  or  disability  of  the  President 
shall  perform  the  duties  and  exercise  the  powers  of  the  Presi- 


Chartkr  of  the  City  of  Cinxinnati  33 

dent.  All  questions  relating  to  the  purchase  or  sale  of 
securities,  payment  of  bonds,  interest  or  judgments  or  involvhig 
the  payment  or  appropriation  of  money  shall  be  decided  by  a 
"yea"  and  "nay"  vote  with  the  name  of  each  member  voting 
recorded  on  the  journal. 

Section  87.  The  Trustees  of  the  Sinking  Fund  shall  have 
charge  of  and  provide  for  the  payment  of  all  bonds  issued  by 
the  corporation,  the  interest  maturing  thereon  and  the  payment 
of  all  judgments  final  against  the  City,  except  in  condemnation 
of  property  cases.  They  shall  receive  from  the  Director  of 
Finance  all  taxes,  assessments  and  moneys  collected  for  such 
purpose  and  invest  and  disburse  them  in  the  manner  provided 
by  law.  For  the  satisfaction  of  any  obligation  under  their 
supervision,  the  Trustees  of  the  Sinking  Fund  may  sell  or  use 
any  of  the  securities  or  money  in  their  possession.  The 
Trustees  shall  pay  all  expenses  for  the  maintenance  of  the 
department  from  funds  under  their  control. 

Tax  Levy. 

Section  88.  At  the  time  of  the  framing  of  the  annual  tax 
ordinance,  the  Trustees  of  the  Sinking  Fund  shall  certify  to 
the  Mayor  the  amount  of  money  necessary  to  provide  the 
annual  Sinking  Fund  charges  for  the  payment  of  bonds  issued 
by  the  Corporation,  for  the  payment  of  final  judgments,  except 
in  condemnation  of  property  cases,  for  the  payment  of  interest 
on  bonded  indebtedness,  the  rents  due  on  perpetual  leaseholds 
of  the  corporation  not  payable  from  a  special  fund  and  the 
expenses  incident  to  the  management  of  the  Sinking  Fund. 
The  Mayor  and  Council  shall  place  the  several  amounts  so 
certified  in  the  tax  ordinance  before  and  in  preference  to 
any  other  item,  and  for  the  full  amount  certified. 

Investment  of  Funds. 

Section  89.  The  Trustees  of  the  Sinking  Fund  shall  invest 
all  moneys  received  by  them  in  bonds  of  the  United  States, 
of  the  State  of  Ohio,  or  of  any  munici])al  corporation,  school 
district,  township  or  county  in  such  v^tate,  and  hold  in  reserve 
only  such  sums  as  may  be  needed  for  eflfecting  their  functions. 
All  interest  and  gains  received  by  them  shall  be  re-invested  in 
like  manner. 


34  Charter  of  the  City  of  Cincinnati 

Money  shall  be  drawn  by  check  only,  signed  by  the  President 
and  at  least  two  members  of  the  Board  and  attested  by  the 
Secretary.  The  Director  of  Finance  shall  be  given  detailed 
statements  of  all  moneys  received  by  the  Board  without  passing 
through  the  Department  of  Finance  and  all  payments  made  by 
the  Board.  All  securities  or  evidence  of  debt  held  by  the 
Trustees  for  the  corporation  shall  be  deposited  in  the  office 
of  the  Board  or  with  a  Safety  Deposit  Company  or  Com- 
panies within  the  City,  and  when  so  deposited  shall  be  drawn 
only  pursuant  to  a  resolution  of  the  Board  and  in  the  presence 
of  at  least  two   Trustees. 

Investigations. 

Section  90.  The  Trustees  of  the  Sinking  Fund  may  investi- 
gate all  the  transactions  of  any  department  of  the  City 
involving  or  affecting  the  Sinking  Fund,  and  they  shall  have 
such  other  powers  and  perform  such  other  duties,  not  incon- 
sistent with  this  Charter,  as  may  be  conferred  or  required 
by  Council. 

Record  of  Bonds. 

Section  91.  Before  they  become  valid  in  the  hands  of  any 
purchaser  all  bonds  issued  by  the  City  shall  be  recorded  in 
the  office  of  the  Sinking  Fund  Trustees,  and  shall  bear  the 
stamp  of  the  Board  of  Sinking  Fund  Trustees,  containing  the 
words  "Recorded  in  the  office  of  the  Sinking  Fund  Trustees", 
signed  by  the  Secretary.  The  record  shall  show  the  date  of 
issue,  for  what  purpose  issued,  rate  of  interest,  amount  of 
issue,  when  due,  principal  and  interest  and  where  payable. 

Deposit  of  Funds. 

Section  92.  At  least  once  every  three  years  the  Trustees  of 
the  Sinking  Fund  shall  advertise  for  proposals  for  the  deposit 
of  all  sums  held  in  reserve  and  shall  deposit  such  reserve  in 
the  bank  or  banks,  incorporated  under  the  laws  of  this  State 
or  of  the  United  States,  situated  in  Ohio,  which  offer,  at 
competitive  bidding,  the  highest  rate  of  interest  and  best 
security  and  accommodation  and  give  a  good  and  sufficient 
bond   issued   by  a   surety  company  authorized   to   do  business 


Charter  of  the  City  of  Cincinnati  35 

in  this  State,  or  furnish  other  good  and  sufficient  security, 
in  a  sum  not  less  than  twenty  percent  in  excess  of  the  maxi- 
mum amount  at  any  time  to  be  deposited.  There  shall  not  be 
deposited  in  any  one  bank  an  amount  in  excess  of  the  paid-in 
capital  stock  and  surplus  of  such  bank,  except  when  such 
moneys  are  deposited  for  the  purpose  of  meeting  the  payment 
of   some   obligation. 

The  Trustees  of  the  Sinking  Fund  shall  determine  the 
method  by  which  such  bids  shall  be  received,  the  authority 
which  shall  receive  them,  the  sufficiency  of  the  security  offered, 
the  time  for  which  the  contracts  for  deposits  of  public  money 
may  be  made  and  all  details  for  carrying  into  effect  the  author- 
ity here  given,  but  proceedings  in  connection  with  such 
competitive  bidding  and  the  deposit  of  money  shall  be  con- 
ducted in  such  manner  as  to  insure  full  publicity  and  shall 
be  open  at  all  times  to  the  inspection  of  any  citizen.  As  to 
deposits  made  under  this  authority,  neither  the  Trustees  of  the 
Sinking  Fund  nor  their  bondsmen,  if  such  Trustees  of  the 
Sinking  Fund  have  exercised  due  care,  shall  be  liable  for  any 
loss  occasioned  thereby. 

Refunding  Bonds. 

Section  93.  For  the  purpose  of  refunding,  renewing  or 
extending  any  bonded  debt  at  a  lower  rate  of  interest,  or  for 
buying  the  fee  simple  of  real  estate  held  by  the  corporation 
under  a  lease  wherein  is  secured  to  the  corporation  the  option 
to  buy  the  fee  simple  at  a  fixed  price  and  where  the  money 
to  buy  can  be  procured  at  a  less  rate  of  interest  on  the  pur- 
chase price  than  is  represented  by  the  stipulated  rents,  the 
Tnistees  of  the  Sinking  Fund  may  issue  coupon  or  registered 
bonds  of  the  corporation  for  such  periods,  not  exceeding  fifty 
years,  in  such  denominations,  payable  at  such  ])lace  and  at  such 
rate  of  interest,  as  they  may  determine.  The  aggregate  amount 
of  such  refunding,  renewing  or  extending  l)onds  so  issued 
shall  not  exceed  that  of  the  bonds  refunded,  renewed  or 
extended. 

Form  of  Bonds  and  Registration. 

Section   94.     lionds    issued    by    the    'I'rustees   of    the    Siwking 


36  Chartf.k  of  the  City  of  Cincinnati 

Fund  shall  be  signed  by  the  Mayor  and  President  of  such 
Board  of  Trustees.  They  shall  be  attested  by  the  Director  of 
Finance  and  the  Secretary  of  the  Board  of  Trustees  of  the 
Sinking  Fund  and  have  affixed  the  seal  of  the  City  of  Cin- 
cinnati. They  shall  be  sold  as  provided  by  law  for  the  sale  of 
bonds  by  a  municipal  corporation.  The  Trustees  of  the  Sinking 
Fund,  on  demand  of  the  owner  or  holder  of  any  coupon  bond, 
may  issue  in  place  thereof  a  registered  bond  of  the  same 
denomination,  or  multiples  thereof,  bearing  the  same  rate  of 
interest  and  jirincipal,  at  the  same  time  as  the  coupon  bond 
and  may  provide  the  method  of  effecting  the  exchange  or 
transfer  and  recording  of  such  bonds. 

DEPARTMENT   OF   LAW. 
Powers  and  Duties. 

Section  95.  The  head  of  the  Department  of  Law  shall  be 
the  City  Solicitor,  who  shall  be  an  attorney  at  law  admitted 
to  practice  in  the  State  of  Ohio.  He  shall  be  the  legal  advisor 
of  and  the  attorney  of  the  City  and  of  all  its  officers  and 
departments,  in  all  matters  relating  to  their  official  duties.  He 
shall  prosecute  and  defend  all  suits,  complaints  and  contro- 
versies, shall  begin  suits  of  his  own  motion  or  when  directed 
by  Council,  for  and  in  behalf  of  the  City,  and  shall  assist  in 
the  preparation  of  all  contracts,  bonds  and  other  instruments 
in  writing  in  which  the  City  is  concerned,  and  shall  certify  in 
writing  his  approval  of  the  form  and  correctness  thereof. 

He  shall  be  the  Prosecuting  Attorney  of  the  Municipal  Court 
and  shall  prosecute  all  cases  brought  before  such  Court  and 
perform  the  same  duties,  so  far  as  they  are  applicable  thereto, 
as  are  required  of  the  Prosecuting  Attorney  of  the  County. 

Injunctions. 

Section  96.     The  City  Solicitor  shall  apply,  in  the  name  of 

the  City,  to  a  Court  of  competent  jurisdiction  for  an  order  of 
injunction  to  restrain  the  misapplication  of   funds  of  the  City 

or   the    abuse    of    its    corporate    powers,    or    the    execution  or 

performance   of   any  contract   made   in  behalf   of   the   City  in 

contravention  of  law  or  which  was  procured  by  fraud  or 
corruption. 


Charter  of  the  City  of  Cincinnati  i7 

Enforcement  of  Obligations. 

Section  97.  \Mien  an  obligation  or  contract  made  on  behalf 
of  the  City,  granting  a  right  or  easement  or  creating  a  public 
duty  is  being  evaded  or  violated,  the  City  Solicitor  shall  like- 
wise apply  for  the  forfeiture  or  the  specific  performance  thereof 
as  the  nature  of  the  case  re(|uires. 

Enforcement  of  Official  Duties. 

Section  98.  In  case  any  officer,  head  of  a  department, 
sub-department,  or  any  board  or  commission,  fail  to  perform 
any  official  duty,  the  City  Solicitor  shall  likewise  apply  for  a 
writ  of  mandamus   to  compel  the   performance   of   such    duty. 

Taxpayers'  Suits. 

Section  99.  In  case  the  City  Solicitor,  upon  written  request 
of  any  taxpayer  of  the  City,  fail  to  make  any  application 
provided  for  in  the  preceding  three  sections,  such  taxpayer  may 
institute  suit  or  proceedings  for  such  purpose  in  his  own  name 
on  behalf  of  the  City.  No  such  suit  or  proceeding  shall  be 
entertained  by  any  court  until  such  request  to  the  City  Solicitor 
shall  first  have  been  made,  nor  until  the  taxpayer  shall  have 
given  security  for  the  costs  of  the  proceeding.  No  such  action 
to  enjoin  the  performance  of  a  contract  entered  into  or  the 
payment  of  any  bonds  or  notes  issued  by  the  City,  shall  be 
brought  or  maintained  imless  commenced  within  one  year 
from  the  date  of  such  contract,  bonds,  or  notes.  If  the  Court 
hearing  any  such  action  be  satisfied  that  the  taxpayer  had  good 
cause  to  believe  his  allegations  were  well  founded  and  that  they 
were  sufficient  in  law,  the  taxpayer  shall  be  allowed  his  costs, 
and  if  judgment  be  finally  entered  in  his  favor,  he  may  be 
allowed  as  ]>art  of  the  costs  a  reasonable  compensation  for 
his  attorney. 

General. 

Section  100.  In  addition  to  the  duties  imposed  upon  the 
City  Solicitor  by  this  Charter  or  re(|uire(l  of  him  by  ordinance, 
he  shall  perform  tin-  duties  which  are  imposed  npon  City 
Solreitfjrs  by  the  general   l;ivv  of  the   Stati-. 


210G51) 


38  Chaktek  of  the  City  ok  Cincinnati 

DEPARTMENT  OF  CIVIL  SERVICE. 
Appointment. 

Section  101.  The  head  of  the  Department  of  Civil  Service 
shall  be  the  Civil  Service  Commission.  It  shall  be  composed  of 
three  members,  appointed  for  terms  of  six  years,  beginning 
on  the  first  day  of  May  of  odd  numbered  years,  one  being 
appointed  each  alternate  year.  The  members  of  the  existing 
Municipal  Civil  Service  Commission  shall  cease  to  hold  office 
January  1st,  1916,  and  the  first  Mayor  under  this  Charter  shall 
appoint  one  commissioner  to  serve  until  May  1st,  1917,  one  to 
serve  until  May  1st,  1919,  and  one  to  serve  until  May  1st,  1921. 
Each  commissioner  shall  receive  an  annual  salary  of  Fifteen 
Hundred  Dollars  ($1,5(X).).  No  commissioner  shall  hold  any 
other  position  in  the  public  service. 

Organization,  Powers  and  Duties. 

Section  102.  The  Civil  Service  Commission  shall  designate 
one  of  its  members  as  President  and  shall  appoint  a  Chief 
Examiner,  who  shall  be  its  Secretary  and  keep  the  minutes  of 
the  proceedings  of  the  Commission,  preserve  all  reports  made 
to  the  Commission,  superintend  and  keep  the  records  of  all 
examinations,  and  perform  such  other  duties  as  the  commission 
shall  prescribe.  Two  members  of  the  Commission  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

Section  103.  The  Commission  shall  have  the  power  to  make 
and  enforce  rules  for  carrying  into  efifect  the  provisions  of  this 
Charter  relating  to  the  Civil  Service  system  of  appointments 
to  and  tenure  of  positions.  Such  rules  shall  have  the  force 
of  law. 

The  Commission  shall  have  generally  the  function  and  duty 
of  administering  and  enforcing  the  Civil  Service  provisions  of 
this  Charter,  of  holding  and  conducting  the  examinations 
herein  provided  for  appointments  to,  retention  of  and  pro- 
motions in  positions  in  the  Civil  Service  of  the  City,  and  of 
performing  all  duties  and  functions  assigned  to  it  in  this 
Charter. 

The  Commission  shall  keep  minutes  of  its  proceedings  and 
records  of  its  examinations  and  shall  make  investigations 
concerningf    the    enforcement    and    effect    of    the    Civil    Service 


Charter  of  the  City  of  Cincinnati     "  39 

provisions  and   rules.      It  shall  make  an  annual   report  to  the 
Mayor. 

Section  104.  The  Commission  shall  adopt  rules  providing 
for  the  classification  of  offices,  positions,  and  employments  in 
the  classified  service  of  the  City;  for  appointments  and  pro- 
motions, transfers,  lay-offs,  suspensions,  reductions,  reinstate- 
ments and  removals  therein,  and  examinations  and  registrations 
therefor,  and  for  maintaining  and  keeping  records  of  the 
efficiency  of  officers  and  employes.  Copies  of  such  rules  and 
all  changes  thereof  shall  be  given  to  appointing  officers  affected 
thereby,  and  such  rules  shall  be  printed  for  distribution.  All 
officers  and  employes  in  the  City  service  shall  report  to  the 
Commission  in  accordance  with  such  rules. 

Payroll  Control. 

Section  105.  The  Commission  shall  certify  to  the  Director 
of  Finance  all  appointments  to  and  changes  in  positions  in  the 
classified  Civil  Service  and  the  dates  thereof.  The  Director  of 
Finance  shall  not  approve  the  payment  of  compensation  to  any 
person  except  for  such  time  as  such  certificate  shows  such 
person  was  on  active  duty. 

Standardization. 

Section  106.  The  Commission  shall  grade  and  classify  all 
positions  in  the  classified  service  as  to  tiHes  and  qualifications 
so  that  like  service  and  qualifications  shall  receive  like  pay. 

Appropriation. 

Section  107.  The  City  Council  shall  appropriate  each 
year  a  sufficient  sum  of  money  to  carry  out  the  provisions 
of  this  Charter  for  Civil  Service. 

Reports  to   State  Commission. 

Section  108.  It  shall  be  the  duty  of  the  Commission  to 
make  such  reports  as  the  Ohio  State  Civil  Service  Commis- 
sion may  require  of  the  manner  in  which  the  Civil  Service 
provisions  of  this  Charter  and  the  rules  and  regulations 
thereunder    have   l)ccn    and    arc    Ijcinj,'   administered    and    the 


40  Charter  of  the  City  of  Cincinnati 

results   thereof.     A   copy   of  the  annual   report  of  the   Com- 
mission shall  be  filed  in  the  office  of  the  State  Commission. 

Investigation  of  Civil  Service  Violations. 

Section  109.  Whenever  the  Commission  shall  have  reason 
to  believe  that  any  appointing-  officer  has  violated  the  provi- 
sions of  this  Charter,  or  the  rules  of  the  Commission  in 
making-  or  failing  to  make  an  appointment,  lay-off,  reduc- 
tion, promotion,  transfer,  suspension,  or  removal,  the  Com- 
mission shall  make  an  investigation.  If  the  Commission 
shall  find  that  such  violation  has  occurred,  it  shall  make  a 
report  thereof  to  the  Mayor,  or,  if  the  Director  of  Finance 
be  investigated,  to  Council,  who  may  remove  forthwith 
such  guilty  officer,  opportunity  first  having  been  given  such 
officer  to  be  publicly  heard  in  person  or  by  counsel  in  his 
defense. 

Campaign  Assessments. 

Section  110.  No  person  in  the  classified  service  of  the 
City  shall  directly  or  indirectly,  orally  or  in  writing,  solicit 
or  receive,  or  be  in  any  manner  concerned  in  soliciting  or 
receiving  any  assessment,  subscription  or  contribution  for 
any  political  party  or  for  any  candidate  for  public  office; 
nor  shall  any  person  solicit  directly  or  indirectly,  orally  or 
in  writing,  or  be  in  any  manner  concerned  in  soliciting  any 
such  assessment,  contribution  or  payment  from  any  person 
in  the  classified  service  of  the  City;  nor  shall  any  person  in 
the  classified  service  of  the  City  be  an  officer  in  any  political 
organization  or  take  part  in  politics  other  than  to  vote  as 
he   pleases  and   to   express   freely   his   political   opinions. 

Conduct  of  Applicants. 

Section  111.  No  applicant  for  appointmenr  or  promotion 
in  the  classified  service  shall,  directly  or  indirectly,  pay  or 
promise  to  pay  any  money  or  other  valuable  thing,  nor 
shall  he  ask  or  receive  any  recommendation  or  assistance 
from  any  person  upon  the  consideration  of  any  political 
service  to  be  rendered  for  or  on  account  of  his  appointment 
or   promotion    or   proposed    appointment   or   promotion. 


Charter  of  the  City  of  Cinxinnati  41 

Conduct  of  Appointing  Officer. 

Section  112.  No  appointing  officer  shall  appoint,  promote, 
reduce,  suspend,  lay  off,  discharge  or  in  any  manner  change 
the  official  rank  or  compensation  of  any  person  in  the  classi- 
fied service,  or  promise  or  threaten  to  do  so,  for  giving  or 
withholding  or  neglecting  to  make  any  contribution  of 
money  or  other  valuable  thing  for  any  party  or  political 
purpose  or  for  refusal  or  neglect  to  render  any  party  or 
political  service. 

Section  113.  No  person  who  holds  any  public  office  or 
position  or  who  has  been  nominated  for  or  who  seeks 
nomination  or  appointment  to  any  public  office  or  position 
shall  use  or  promise  to  use,  either  directly  or  indirectly,  any 
official  authority  or  influence  in  order  to  secure  or  aid  any 
person  in  securing  for  himself  or  another  any  enxployment 
in  the  classified  service,  or  any  promotion  or  increase  of 
salary  therein,  as  a  reward  for  political  influence  or  service. 
Nor  shall  any  person,  by  means  of  threats  or  coercion,  in- 
duce or  seek  to  induce  anyone  in  the  classified  service  to 
resign  his  position  or  to  waive  his  right  to  certification,  ap- 
pointment  or   promotion. 

Violation  of  Civil  Service  Provisions  and  Rules. 

Section  114.  Whoever,  after  a  rule  has  been  duly  estab- 
lished and  published  by  the  Commission,  makes  an  appoint- 
ment contrary  to  the  provisions  of  such  rule,  or  wilfully 
refuses  or  neglects  otherwise  to  comply  with  or  to  conform 
to  the  provisions  of  this  Charter,  or  wilfully  violates  any  of 
such  provisions,  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  Fifty  Dollars  ($50.00)  nor  more  than  Five  Hundred 
Dollars  ($500.00),  or  by  imprisonment  in  the  City  Work 
House  for  a  term  of  not  to  exceed  six  months,  or  both.  If 
any  person  so  convicted  shall  hold  any  public  office  or  place 
of  public  employment  such  office  or  position  shall  by  force 
of  such   conviction   be   rendered   vacant. 

Prosecutions. 

Section    115.     Prosecutions    for   the    vinlatinn    of    the    Civil 


42  Charter  of  the  City  of  Cincinnati 

Service  provisions  of  this  Charter  and  rules  of  the  Commis- 
sion may  be  instituted  by  the  Commission  through  the  De- 
partment of  Law  or  through  special   counsel. 


DEPARTMENT    OF    PUBLIC    SAFETY. 
Organization,  Powers  and  Duties. 

Section  116.  The  head  of  the  Department  of  Public 
Safety  shall  be  the  Director  of  Public  Safety.  This  depart- 
ment shall  administer  police  and  fire  protection ;  the  inspec- 
tion and  regulation  of  smoke ;  of  weights  and  measures ; 
and  the  construction,  maintenance,  repair  and  use  of  build- 
ings and  structures  not  expressly  assigned  by  this  Charter 
or  Council  to  other  departments. 

Section  117.  This  department  shall  have  sub-departments 
of  Police,  Fire,  Building  Inspection,  Smoke  Inspection  and 
Inspection  of  Weights  and  Measures. 

Police  and  Fire. 

Section  118.  The  sub-department  of  Police  shall  be  iji 
charge  of. a  Chief  of  Police  and  shall  be  composed  of  such 
officers,  patrolmen,  and  other  employes  as  may  be  required 
for  the   service. 

The  Chief  of  Police  shall  have  exclusive  control  of  the 
stationing  and  transferring  of  all  patrolmen  and  other  offi- 
cers and  employes  in  the  sub-department  of  Police,  under 
such  general  rules  and  regulations  as  the  Director  of  Public 
Safety  may  prescribe. 

Section  119.  The  sub-department  of  Fire  shall  be  in 
charge  of  a  Fire  Chief,  and  shall  be  composed  of  the  Chief 
and  such  officers,  firemen,  and  other  employes  as  may  be 
required  for  the  service. 

The  Fire  Chief  shall  have  exclusive  control  of  the  station- 
ing and  transferring  of  all  firemen  and  other  officers  and 
employes  in  the  sub-department  of  fire,  under  such  general 
rules  and  regulations  as  the  Director  of  Public  Safety  may 
prescribe. 

Section  120.  In  case  of  riot  or  other  like  emergency,  the 
Mayor  may  at)point  additional  patrolmen,  firemen,  and  other 


Charter  of  the  City  of  Cincinnati  43 

police  and  fire  officers  for  temporary  service,  who  need  not 
be  in  the  classified  list  of  such  department.  Such  additional 
officers,  firemen  or  patrolmen  shall  be  employed  only  for  the 
time  during  which  the  emergency  exists. 

Section  121.  The  sub-department  of  Police  shall  pre- 
serve the  peace  and  protect  persons  and  property  as  pro- 
vided by  law.  The  sub-department  of  Fire  shall  protect  the 
lives  and  property  of  the  people  against  the  hazard  of  fire. 
Each  of  the  said  sub-departments  shall  perform  such  other 
duties  as  the  Director  of  Safety  may  require. 

Section  122.  Council  may  provide  by  general  ordinance 
for  the  relief,  out  of  police  or  fire  pension  funds,  of  mem- 
bers of  either  sub-department  temporarily  or  permanently  dis- 
abled by  reason  of  the  discharge  of  their  duty.  Nothing 
herein  shall  impair,  restrict  or  repeal  any  provision  of  law 
authorizing  the  levy  of  taxes  to  provide  for  firemen's,  police 
and  sanitary  pension  funds,  and  to  create  and  perpetuate 
boards  of  trustees  for  the  administration  of  such  funds. 

Section  123.  Council  shall  have  power  to  provide  by 
general  ordinance  for  the  payment  of  salaries  to  the  mem- 
bers of  the  Fire  and  Police  sub-departments  during  tem- 
porary disability  from  sickness  or  injury. 

Other  Sub-Departments. 

Section  124.  The  persons  in  immediate  charge  of  the  sub- 
department  of  Building  Inspection,  Smoke  Inspection  and 
Inspection  of  Weights  and  Measures  shall  be  respectively 
the  Building  Commissioner,  the  Chief  Smoke  Inspector 
and  the  City  Sealer. 

DEPARTMENT    OF    SOCIAL    WELFARE. 
Powers  and  Duties. 

Section  125.  The  head  of  the  Department  of  Social  Wel- 
fare shall  be  the  Director  of  Social  Welfare.  This  depart- 
ment shall  manage  and  control  the  Infirmary,  Houses  ^  of 
Refuge,  Workhouse,  ^lunicii)al  Lodging  Houses,  Municipal 
Bath  Mouses,  public  Comfort  Stations,  and  all  other  oharital)lr, 
correctional  and  reformat (jry  institutions  and  agencies  be- 
longing  to   the    City    except   hospitals;   also   all    recreational 


44  Charter  of  the  City  of  Cincinnati 

facilities  and  social  centers  belonging  to  the  City  except 
those  entrusted  by  this  Charter  to  the  Department  of  Parks 
and  Playgrounds ;  inspect  and  supervise  commercialized 
public  amusements  and  recreational  facilities  except  those 
under  the  control  of  the  Department  of  Parks  and  Play- 
grounds, and  shall  control  the  issuance  and  revocation  of  all 
licenses  therefor.  It  shall  administer  the  City's  charitable 
relief  activities,  and  provide  for  the  study  of  and  research 
into  causes  of  poverty,  delinquency,  crime,  disease  and  other 
similar  social  problems  in  the  City  and  promote  the  knowl- 
edge and  understanding  in  the  community  of  those  matters 
which  concern  its  social  welfare. 

Advisory  Board. 

Section  126.  The  Director  of  Social  Welfare  shall  have 
an  Advisory  Board  on  Recreation,  consisting  of  five  citizens 
of  Cincinnati,  appointed  by  the  Mayor,  who  shall  serve 
without  compensation.  The  members  of  the  first  Board 
shall  be  appointed,  one  for  five  years,  one  for  four  years,  one 
for  three  years,  one  for  two  years  and  one  for  one  year,  and 
upon  the  expiration  of  the  term  of  each  member,  his  suc- 
cessor shall  be  appointed  for  a  five  year  term.  It  shall  be 
the  duty  of  this  Board  to  consult  and  advise  with  the  Di- 
rector of  Social  Welfare.  It  shall  hold  meetings  at  such 
times  as  it  may  fix,  and  at  the  call  of  the  Mayor  or  Director 
of  Social  Welfare.  No  place  of  amusement  shall  be  perma- 
nently closed  nor  any  theatrical  production  prohibited  unless 
a  majority  of  the  members  of  this  Board  shall  have  voted 
so  to  do. 

DEPARTMENT    OF    PUBLIC    SERVICE. 

Powers  and  Duties. 

Section  127.  The  head  of  the  Department  of  Public 
Service  shall  be  the  Director  of  Public  Service.  This  de- 
partment shall  manage  and  supervise  municipal  docks, 
wharves,  scales,  market-houses,  also  municipal  water,  light- 
ing, heating,  power-transmission  and  transportation  under- 
takings and  any  other  municipally  owned  public  utility;  but 
Council  may  provide  for  the  creation  of  a  separate  depart- 


Charter  of  the  City  of  Cincinnati  45 

ment    for   the    management   of   any    public    utility   hereafter 
acquired  by  the  City. 

Rates  and  Charges. 

Section  128.  Subject  to  regulation  by  the  Public  Utilities 
Commission  as  provided  in  this  Charter,  the  Director  shall 
fix  the  rates  to  be  charged  for  the  service  or  product  of 
any  utility  under  the  control  of  this  department.  Any  such 
utility  may  make  reasonable  charges  for  service  or  products 
rendered  to  any  other  department  of  the  City,  and  mav 
be  subject  to  reasonable  charges  for  services  rendered  to 
it  by  any  other  department  of  the  City;  all  such  charges 
to  be  appro\ed   by   the   Public   L'tilities   Commission. 

DEPARTMENT  OF  HIGHWAYS. 

Section  129.  The  head  of  the  Department  of  Highways 
shall  be  the  Director  of  Highways,  who  shall  be  a  competent 
civil  engineer.  This  department  shall  manage,  supervise 
and  have  charge  of  construction,  improvement,  maintenance 
and  repair  of  all  streets,  avenues,  alleys,  lanes,  bridges, 
viaducts,  sulvways,  aqueducts,  sidewalks,  steps,  sewers, 
drains,  ditches,  ctilverts,  ship  channels,  streams  and  water- 
courses, grade  crossing  abolitions  and  such  public  works, 
undertakings  and  improvements  not  assigned  by  this  Charter 
or  by  Council  to  some  other  department.  It  shall  control, 
manage  and  supervise  the  ligluing  and  cleaning  of  streets 
and  public  ways,  and  the  sprinkling,  oiling  or  other  surface 
treatment  thereof,  unless  otherwise  provided  in  this  Charter. 
It  shall  manage  and  control  the  collection  and  dis])osal  of 
ashes,  garbage,  waste  and  all  other  refuse  and  the  construc- 
tion, 'operation,  maintenance  and  repair  of  sewage  disposal 
plants  and  farms  whether  located  within  or  without  the 
City   limits. 

DEPARTMENT   OF  PUBLIC   UTILITIES. 
Organization. 

Section  130.  The  head  of  the  Department  of  Pu])lic 
T^'tilities  shall  be  the  Public  Utilities  Commission,  composed 
of  three  members.     None  of  the  members  of  the  ('ommission 


46  Charter  of  the  City  of  Cincinnati 

shall  in  any  way  have  any  interest  in  any  of  the  utilities 
with  which  they  have  official  relations.  The  first  appoint- 
ments shall  be  for  terms  of  two,  four  and  six  years,  and  all 
subsequent  appointments  for  six  years. 

Franchises. 

Section  131.  The  Commission  shall  regulate  the  opera- 
tion and  enforce  the  obligations  to  the  public  of  all  private- 
ly owned  utilities,  and  for  such  purpose  it  shall  be  the  suc- 
cessor of  and  have  the  powers  of  Council,  the  Board  of 
Administration,  the  Board  or  Director  of  Public  Service  and 
all  other  legislative  and  administrative  officers  under  the 
provisions  of  all  existing  franchises,  ordinances  and  laws. 
It  shall  perform  all  other  duties  assigned  to  it  in  any  fran- 
chise or  public  utility  lease  or  operating  agreement. 

Powers. 

Section  132.  The  Commission  shall  have  and  may  exer- 
cise all  the  powers  of  the  City,  which  now  or  hereafter  it 
would  be  competent  for  the  City  to  exercise  as  fully  as 
though  said  powers  were  specifically  enumerated  herein,  in 
the  regulation,  supervision  and  control  of  the  extension,  op- 
eration, rates,  service,  methods,  rules,  practices  and  affairs 
of  all  privately  owned  or  operated  public  utilities  and  in- 
vestigations pertaining  thereto ;  and  shall  exercise  like 
powers  with  respect  to  publicly  owned  and  operated  utili- 
ties. No  exercise  of  said  powers  shall  violate  the  terms  of 
any  existing  or  future  franchise.  Nothing  herein  contained 
shall  be  held  to  deprive  Council  of  the  power  to  provide  in 
a  franchise  or  agreement  to  or  with  a  utility  for  limitations 
upon  issues  of  securities. 

Appeals. 

Section  133.  Any  order  of  the  Commission  concerning 
rates,  additions,  extensions,  improvements  or  distribution  of 
charges  between  capital  and  expense  shall  be  subject  to 
appeal  by  any  privately  owned  utility  affected  by  it  to  the 
Ohio  State  Public  Utilities  Commission.  Council  shall  by 
general  ordinances  prescribe  the  procedure  relating  to  such 


Charter  of  the  City  of  Cincinnati  47 

appeals.  No  order  relating  to  rates  or  charges  shall  be 
suspended  by  the  filing  of  an  appeal,  unless  and  until  the 
utility  shall  give  an  undertaking,  in  an  amount  fixed  by  the 
Commission  and  with  sureties  satisfactory  to  the  Director 
of  Finance,  which  undertaking  shall  be  payable  to  the  City 
for  the  use  and  benefit  of  the  consumers  aflfected  by  the 
suspension,  and  its  form  shall  be  approved  by  the  City 
Solicitor.  The  condition  of  the  undertaking  shall  be  to  the 
effect  that,  in  case  the  order  is  affirmed  or  modified  on  ap- 
peal, the  utility  shall  refund  or  pay  to  its  consumers,  public 
and  private  the  amounts  collected  during  the  suspension  in 
excess  of  the  amount  which  would  have  been  collected  had 
the  order  as  originally  made  or  as  modified  been  carried  out 
from  the  time  fixed  by  the  Commission.  The  Commission 
shall  prescribe  the  manner  and  times  of  making  such  re- 
funders  and  for  the  method  of  ascertainment  of  the  con- 
sumers affected  by  the  suspension.  The  utility  •shall,  on  the 
refusal  of  the  State  Commission  to  vacate  the  order,  repay 
or  refund   such   overcharges   to   the   consumers   affected. 

Procedure. 

Section  134.  The  Commission  shall  adopt  rules  and  reg- 
ulations for  the  conduct  of  its  business  and  the  exercise  of 
its  powers. 

Duties  of  Utilities  and  Enforcement  of  Orders. 

Section  135.  Every  utility,  every  officer  or  employe 
thereof  and  all  other  persons  shall  comply  with  the  orders 
of  the  Commission ;  shall  afford  the  Commission  or  ap- 
pointee thereof  access  to  the  property,  offices,  books  of  ac- 
count, documents  and  records  of  the  utility  or  any  part 
thereof;  shall  appear  when  subpoenaed  and  give  testimony 
and  evidence  and  produce  papers,  books,  accounts,  and  doc- 
uments as  required  by  the  Commission.  Council  may  pro- 
vide penalties  and  forfeitures  for  failure  to  obey  any  order 
of  the   Commission  and  for  the  compensation  of  witnesses. 

Definitions. 

vSection  136.  The  wor<l  "utility"  or  "utilities,"  except 
where   such    meaning  is   inconsistent   with    the   context,   shall 


48  Charter  of  the  City  of  Cincinnati 

be  taken  to  mean  any  person,  persons,  firm  or  corporation 
owning  or  operating  a  public  utility  or  furnishing  public 
utility  service,  whether  by  ownership,  lease,  operating  agree- 
ment or  through  stock  holding.  The  word  "commission," 
except  when  accompanied  with  the  word  "State"  or  "Ohio 
State,"  shall  be  deemed  to  mean  the  Public  Utilities  Com- 
mission created  in  this  Charier  as  a  Department  of  the 
government  of  Cincimiali. 

DEPARTMENT    OF    PARKS    AND    PLAYGROUNDS. 
Organization  and  Powers. 

Section  137.  The  head  of  the  Department  of  Parks  and 
Playgrounds  shall  be  the  Board  of  Park  Commissioners, 
consisting  of  three  members,  each  appointed  for  a  term  of 
six  years,  one  every  two  jears,  beginning  with  the  year 
1916.  The  members  of  the  present  Board  shall  complete 
their  present  terms  and  the  member  of  the  Board  in  office 
at  the  time  this  Charter  takes  etTect,  whose  term  would 
expire  in  1917,  shall  continue  in  office  for  one  additional 
3'ear  and  tlie  member  then  in  office  whose  term  would  ex- 
pire ill  1918  shall  continue  in  office  for  two  additional  years. 
All  members  shall  serve  without  compensation. 

This  department  shall  administer,  control  and  manage  all 
parks,  parkways,  boulevards,  playgrounds  and  athletic  fields 
of  the  City,  and  all  recreation  facilities  located  in  parks ;  and 
shall  have  power  to  acquire,  construct,  repair  and  maintain 
the  same ;  may  adopt  and  enforce  regulations  as  to  the 
proper  use  and  protection  of  property  under  its  care  and 
impose  penalties  for  the  violation  thereof;  and  shall  have 
power  to  regulate  the  character  of  buildings  and  the  building 
line,  and  to  regulate  or  prohibit  bill-boards  in  the  vicinity 
of  parks  and  boulevard  property. 

DEPARTMENT  OF  HEALTH. 

Organization  and  Powers. 

Section  138.  The  head  of  the  Department  of  Health  shall 
be  the  Board  of  Health  consisting  of  five  members  ap- 
pointed   for  terms   of  five  years   each,   one   each   year,   who 


Charter  of  the  City  of  Cincinnati  49 

shall  serve  without  compensation.  The  members  of  the 
Board  of  Health  in  office  at  the  time  this  Charter  takes 
effect  shall  continue  in  office  until  the  completion  of  their 
respective  terms.  The  Board  shall  have  all  the  powers 
granted  to  and  perform  all  the  duties  imposed  upon  Boards 
of  Health  of  municipalities  by  the  general  laws  of  Ohio, 
including  the  power  to  make  and  enforce  orders  and  regvda- 
tions.  Such  regulations  shall  have  the  force  and  effect  of 
ordinances,  and  be  published  in  the  same  manner. 

This  board  shall  administer  and  enforce  all  laws,  ordi- 
nances and  regulations  relating  to  the  preservation  and  pro- 
motion of  the  public  health,  including  the  prevention  and 
restriction  of  disease,  the  prevention,  abatement  and  sup- 
pression of  nuisances,  the  inspection  and  supervision  of  the 
production,  transportation,  storage  and  sale  of  food  stuffs, 
the  inspection  and  regulation  of  the  sanitary  condition  of 
markets  and  all  buildings,  and  the  inspection  and  regulation 
of  the  alteration,  maintenance  and  use  of  tenement  houses, 
and  the  approval  of  the  character  of  construction  of  such 
houses  as  to  health  and  sanitary  requirements. 

DEPARTMENT   OF   HOSPITALS. 

Organization  and  Powers. 

Section  139.  The  head  of  the  Department  of  Hospitals 
shall  be  the  Board  of  Hospital  Commissioners,  consisting 
of  the  Dean  of  the  Medical  Department  of  the  University 
of  Cincinnati,  the  Director  of  Social  Welfare,  the  chief  ex- 
ecutive Health  Officer  of  the  Board  of  Health,  one  person 
nominated  by  the  Board  of  Directors  of  the  University  and 
appointed  by  the  Mayor,  and  three  other  persons,  citizens 
of  the  City  appointed  by  the  Mayor.  The  terms  of  each  of 
the  last  four  named  shall  be  six  years,  ])rovided  that  <if  the 
first  appointees  under  this  Charter,  the  term  of  one  of  said 
three  selected  by  the  Mayor  shall  be  four  years  and  f»f 
another  shall  be  two  years,  and  thereafter  each  of  their  suc- 
cessors shall  be  appointed  for  a  term  of  six  years.  Mem- 
bers shall  serve  without  compensation.  This  department 
shall  manage  and  supervise  all  the  hospitals  of  the  City. 


so  Charter  of  the  City  of  Cincinnati 

Medical  Staffs. 

Section  140.  Appointments  to  positions  on  the  medical 
staffs  of  the  hospitals  shall  be  made  only  upon  nomination 
by  the  Board  of  Directors  of  the  University.  The  Board  of 
Directors  of  the  University  shall  determine  the  manner  in 
which  medical  work  and  teaching  in  the  hospitals  shall  be 
organized  and  conducted,  the  regulations  under  which  the 
teaching  of  medicine  may  be  done  in  the  hospitals,  and  the 
stage  in  their  medical  course  at  which  students  may  be  ad- 
mitted to  the  teaching  facilities  in  the  hospitals;  but  such 
teaching  facilities  shall  be  open  to  the  students  of  any  med- 
ical college  in  Cincinnati  recognized  by  the  State  Medical 
Board. 

DEPARTMENT  OF  THE  UNIVERSITY  OF  CINCINNATI. 

Organization  and  Powers. 

Section  141.  The  head  of  the  Department  of  the  Univer- 
sity of  Cincinnati  shall  be  the  Board  of  Directors  of  the 
University  of  Cincinnati,  who  shall  serve  without  compen- 
sation. At  the  expiration  of  the  term  of  each  member  of 
the  Board  incumbent  at  the  taking  effect  of  this  section,  his 
successor  shall  be  appointed  for  a  term  of  six  years,  and 
three  members  shall  be  appointed  every  two  years  for  terms 
of  six  years  each.  Two  of  the  three  shall  be  appointed  from 
lists  of  three  candidates  each,  submitted  respectively  by  the 
Trustees  of  the  Endowment  Fund  Association  of  the  Uni- 
vers'ty  and  the  executive  committees  of  the  permanently 
organized  associations  of  the  graduates  of  the  University 
acting  jointly.  The  powers  of  this  department  shall  be 
those  given  to  Municipal  Universities  by  general  law  not 
inconsistent  with  the  express  provisions  of  this  Charter. 

DEPARTMENT   OF   CITY   PLANNING. 

Organization. 

Section  142.  The  head  of  the  Department  of  City  Plan- 
ning shall  be  the  City  Planning  Commission,  consisting  of 
seven  members.     Four  of  the  members  shall  be  citizens  of 


Charter  of  the  City  of  Cincinnati  51 

the  City  who  shall  serve  without  compensation  and  be  ap- 
pointed for  terms  of  six  years  each,  except  that  the 
term  of  two  of  the  members  of  the  first  Commission  under 
this  Charter  shall  be  for  three  years.  The  remaining  three 
members  of  the  Commission  shall  be  the  Mayor,  Director 
of  Highways  and  President  of  the  Board  of  Park  Commis- 
sioners. 

Powers  and  Duties. 

Section  143.  The  powers  and  duties  of  the  Commission 
shall  be  to  make  plans  and  maps  of  the  whole  or  any  portion 
of  the  City  of  Cincinnati,  and  of  any  land  outside  the  City 
which,  in  the  opinion  of  the  Commission  bears  a  relation 
to  the  planning  of  the  City,  and  to  make  changes  in  such 
plans  or  maps  when  it  deems  same  advisable.  Such  maps 
or  plans  shall  show  the  Commission's  recommendations  for 
new  streets,  alleys,  ways,  viaducts,  bridges,  subways,  park- 
ways, parks,  playgrounds,  or  any  other  public  grounds  or 
public  improvements;  and  the  removal,  relocation,  widening 
or  extension  of  such  public  works  then  existing.  With  a 
view  to  the  systematic  planning  of  the  City,  the  Commis- 
sion may  make  recommendation  to  the  Mayor,  Council  and 
department  heads  concerning  the  location  of  streets,  trans- 
portation and  communication  facilities,  public  buildings  and 
grounds. 

The  Commission  shall  have  the  power  to  control,  preserve 
and  care  for  historical  landmarks;  to  control  in  the  manner 
provided  by  ordinance  the  design  and  location  of  statuary 
and  other  works  of  art  which  are  or  may  become  the  prop- 
erty of  the  City;  and  the  removal,  relocation,  and  alteration 
of  any  such  works  belonging  to  the  City;  and  the  plan  and 
design  of  public  buildings,  harbors,  bridges,  viaducts,  street 
fixtures  and   other  ])ublic   structures   and   apinirtenanccs. 

Whenever  the  Commission  shall  have  made  a  ])lan  of  the 
City  or  any  portion  thereof,  no  public  liuilding,  street,  boule- 
vard, parkway,  park,  playground,  jjublic  ground,  canal,  river 
front,  harbor,  dock,  wharf,  bridge,  viaduct,  tunnel,  utility 
(whether  publicly  or  j)rivately  owned)  or  part  thereof,  shall 
be  constructed   or  authorized   to  be   constructed   in   the   City 


52  Charter  of  the  City  of  Cincinnati 

or  said  planned  portion  of  the  City  until  and  unless  the  loca- 
tion thereof  shall  be  approved  by  the  Commission ;  provided 
that  in  case  of  disapproval  the  Commission  shall  communi- 
cate its  reasons  for  disapproval  to  Council  and  the  depart- 
ment head  of  the  department  which  under  this  Charter  has 
control  over,  or  which  has  the  power  to  authorize  the  loca- 
tion of  the  proposed  improvement  or  utility;  and  Council  by 
a  vote  of  not  less  than  two-thirds  of  its  members  and  such 
department  head,  shall  together  have  the  power  to  overrule 
such  disapproval.  The  narrowing,  ornamentation,  vacation 
or  change  in  the  use  of  streets  and  other  public  ways, 
grounds  and  places  shall  be  subject  to  similar  approval,  and 
disapproval  may  be  similarly  overruled. 

The  Commission  may  make  recommendations  to  any 
public  authorities  or  to  any  corporations  or  individuals  in 
Cincinnati  or  the  territory  contiguous  thereto,  concerning 
the  location  of  any  buildings,  structures  or  works  to  be 
erected  or  constructed  by  them. 

Not  less  than  $25,000.00  shall  be  appropriated  by  Council 
as  soon  as  the  Commission  shall  have  been  appointed,  to 
defray  the  cost  and  expenses  to  be  incurred  in  the  first 
year's  work  of  the  Commission. 

Platting. 

Section  144.  The  City  Planning  Commission  shall  be  the 
Platting  Commission  of  the  City,  and  as  such  shall  provide 
regulations  governing  the  platting  of  all  lands  so  as  to  re- 
quire all  streets  and  alleys  to  be  of  proper  width,  coterm- 
inous with  adjoining  streets  and  alleys,  and  otherwise  to 
conform    to   the   regulations   prescribed   by   the    Commission. 

All  plats  of  lands  within  the  corporate  limits  or  within 
three  miles  thereof,  upon  which  streets,  alleys,  ways,  com- 
mons, or  other  ground  intended  for  public  use  are  laid  out, 
shall  be  submitted  to  the  Commission  and  approved  thereon 
in  writing  by  it  before  being  offered  for  record.  The  failure 
to  submit  or  the  disapproval  of  any  such  plat  shall  be 
deemed  a  refusal  of  the  proposed  dedication  shown  thereon. 
The  approval  of  the  Commission  shall  be  deemed  an  ac- 
ceptance of  the   proposed   dedication,   but  shall   not  impose 


Charter  of  the  City  of  Cincinnati  53 

any   duty  upon   the   City   to   maintain  or  improve   any   such 
dedicated  parts. 

Within  the  territory  covered  by  a  plat  approved  by  the 
Commission,  no  street,  alley  or  other  public  ground  not  in 
conformity  with  said  plat  shall  subsequently  in  any  way  be 
accepted,  improved,  or  maintained  by  the  City  as  a  public 
street,  alley  or  other  jniblic  ground. 

Other  Powers. 

Section  145.  Council  may  authorize  the  Commission  to 
control    the   height,   design    and    location   of  buildings. 

DEPARTMENT  OF  THE  CINCINNATI  SOUTHERN  RAILWAY. 

Section  145.  The  Cincinnati  Southern  Railway  shall  be 
managed  and  controlled  by  a  Board  of  Trustees  appointed 
and  with  the  powers  as  pro\ide<l  by  the  Statutes  of  Ohio. 

PUBLIC  LIBRARY. 

Section  147.  Nothing  in  this  Charter  shall  be  construed 
to  affect  in  any  way  the  present  Cincinnati  Public  Library 
or  the  rights,  duties  and  powers  of  its  Board  of  Trustees. 

FISCAL  SYSTEM. 
Taxation. 

Section  148.  The  fiscal  year  of  the  City  shall  begin  on  the 
first  day  of  January.  The  Mayor  shall  prepare  and  submit 
to  Council  an  annual  tax  ordinance  to  determine  the  amount 
of  the  tax  levy.  For  the  purpose  of  preparing  such  ordi- 
nance, the  officers  and  department  heads  shall  report  to  the 
Mayor,  upon  blanks  furnished  by  the  Sub-Department  of 
Municipal  Investigation  and  Efficiency,  detailed  statements 
f»f  the  expenses  of  such  offices  or  departments  for  the  pre-' 
vious  year  or  years,  the  estimated  expense  for  the  current 
year,  and  estimates  of  the  needs  of  the  next  ensuing  year. 
The  tax  ordinance  shall  set  forth  a  classified  estimate  of 
the  probable  revenues  of  the  nuinicipality  from  sonrces  other 
than  taxes  and  of  the  amount  of  taxes  rccjuired  for  the 
estimated  expenditure  set  forth  in  such  ordinance,  and  shall 
also  include  classified  statements  of  the  contemplated  ex- 
penditure   of    Ihc    innniripalil  \'     for    cadi    oITkc,    depart  nienl , 


54  Charter  of  the  City  of  Cincinnati 

sub-department,    and    functional    division    thereof.      Council 
shall   hold   public  hearings  and  may  amend  said  ordinance. 

Annual  Appropriations. 

Section  149,  On  or  before  the  tenth  day  of  February  in 
each  year  the  Mayor  shall  prepare  and  submit  to  Council  an 
annual  appropriation  ordinance  for  the  current  fiscal  year. 
Such  ordinance  shall  set  forth  classified  under  uniform  head- 
ings denoting  definitely  the  purposes  of  expenditure,  the 
amounts  to  be  appropriated  for  each  office,  department,  sub- 
department  and  functional  division  thereof.  It  shall  be  based 
upon  detailed  information  furnished  by  the  various  officers 
and  departments  on  blanks  prepared  by  the  Sub-Department  of 
Investigation  and  Efficiency.     This  information  shall  include: 

(a)  An  itemized  estimate  of  the  expense  of  conducting 
each  office,  department,  sub-department  or  functional  divi- 
sion thereof  for  the  current  year,  classified  under  uniform 
headings  denoting  definitely  the  purposes  of  expenditure. 

(b)  Corresponding  statements  of  the  actual  expenses 
for  each  of  the  two  preceding  fiscal  years. 

[(c)  Statements  showing  amounts  of  and  reasons  for 
proposed  increases  or  decreases  in  expenses  as  compared 
with  the  next  preceding  year,  particularly  those  relating  to 
additional  pay  for  present  employes  or  pay  for  additional 
employes. 

(d)  An  itemized  estimate  by  the  Director  of  Finance  of 
the  total  probable  income  of  the  City  for  the  year  from  all 
sources,  including  balances   available   for   appropriation. 

(e)  A  statement  showing  the  amount  of  supplies  on 
hand  in  each  sub-department  at  the  end  of  the  previous  year. 

(f)  Such  other  information  as  may  be  required  by  the 
Mayor. 

At  the  time  of  its  submission  to  Council  the  proposed  or- 
dinance shall  be  printed  in  the  Municipal  Bulletin.  Council 
shall  provide  for  public  hearings  on  such  ordinance  and  shall 
pass  it  not  later  than  March  first.  The  total  amount  appro- 
priated by  any  such  ordinance  shall  not  exceed  the  estimated 
income  for  the  year  and  the  available  balances. 

During  the  period  of  the  current  year  prior  to  the  passage 
of   such    annual    appropriation    ordinance,    Council    shall    by 


Charter  of  the  City  of  Cincinnati  55 

ordinance  authorize  each  office  and  department  to  make  ex- 
penditures and  incur  Habilities,  the  total  amount  of  which, 
prior  to  the  taking  effect  of  such  appropriation  ordinance 
shall  not  exceed  one-fifth  of  the  appropriations  for  such 
office  or  department  for  the  preceding  fiscal  year. 

Supplementary  Appropriations. 

Section  150.  Supplementary  appropriations  for  current 
expenses  shall  not  be  made  during  the  current  year  except 
for  a  purpose  that  could  not  reasonably  have  been  foreseen 
and  then  only  from  a  contingent  fund  regularly  set  aside  in 
the  annual  appropriation  ordinance.  Appropriations  of  this 
character  must  have  the  favorable  vote  of  two-thirds  of  the 
members  of  Council. 

Transfers. 

Section  151.  When  the  annual  appropriation  for  any  of- 
fice, department,  sub-department  or  functional  division 
thereof  is  not  required  for  the  needs  thereof.  Council  by  a 
three-fourths  vote  of  its  members  may  at  the  request  of  the 
Mayor  transfer  such  appropriations  or  part  thereof  to  any 
other  office,  department,  sub-department  or  functional  divi- 
sion, provided  that  no  such  transfer  shall  be  made  from  the 
appropriation  for  any  non-tax-supported  public  utility  to  any 
other  purpose. 

Limitation  on  Expenditures. 

Section  152.  No  money  shall  be  drawn  from  the  treasury 
of  the  City  except  pursuant  to  appropriations  or  authoriza- 
tions made  by  Council.  At  the  end  of  each  fiscal  year,  all 
unencumbered  balances  of  appropriations  from  tax  and  cur- 
rent revenue  funds  shall  lapse  and  be  cancelled. 

Moneys  appropriated  as  hereinbefore  provided  shall  not 
be  used  for  other  purposes  than  those  designated  in  the 
appropriation  ordinance,  and  all  expenditures  within  the 
fiscal  year  shall  be  made  from  and  within  the  appropriations 
hereinbefore  provided  for.  The  Director  of  Finance  shall 
keep  such  expenditures  within  the  appropriations.  It  shall 
be  the  further  duty  of  the  Director  of  Finance  to  see  that 
all  expenditures  from  trust  funds  are  made  in  strict  accord- 
ance with  the  provisions  of  the  trust. 


56  Charter  of  the  City  of  Cincinnati 

No  warrant  for  the  payment  of  any  claim  shall  be  issued 
by  the  Director  of  Finance  until  such  claim  shall  have  been 
approved  by  the  head  of  the  department  and  sub-department 
for  which  the  indebtedness  was  incurred. 

Fees. 

Section  153.  All  fees  collected  by  departments  shall  be 
paid  into  the  City  Treasury. 

Annual  Improvement   Program.. 

Section  154.  Previous  to  the  first  of  March  m  1916  and 
during  January  in  each  subsequent  year,  the  head  of  each 
department  shall,  upon  call  of  the  Mayor,  submit  to  him  a 
list  of  improvements  and  public  works  which  are  to  be 
financed  in  whole  or  in  part  from  the  proceeds  of  bonds 
thereafter  to  be  authorized  and  which  such  department  head 
recommends  to  be  undertaken  during  the  current  fiscal  year. 
A  general  description  of  each  improvement  or  w'ork,  a  pre- 
liminary estimate  of  its  cost  and  of  the  proportions  of  cost 
to  be  respectively  borne  by  the  City  and  by  special  assess- 
ments shall  accompany  the  list.  The  Mayor  may  make  such 
changes  in  the  list  as  he  may  see  fit  and  shall  then  submit 
it  to  Council,  with  his  recommendations,  in  the  form  of  an 
ordinance  which  shall  contain  a  general  description  and 
estimated  cost  of  each  item  on  the  list  and  a  preliminary 
estimate  of  the  proportion  of  cost  to  be  respectively  borne 
by  the  City  and  by  assessments. 

This  ordinance  shall  be  known  as  the  Annual  Improve- 
ment Ordinance,  It  shall  be  published  and  there  shall  be 
public  hearings  thereon  as  provided  for  the  Annual  Tax 
Ordinance.  Council  may  make  changes  in  the  list  of  im- 
provements or  works,  but  shall  not  change  or  alter  the  char- 
acter of  any  improvement  or  work  or  the  specifications 
therefor,  and  any  item  thereof  shall  be  subject  to  the 
Mayor's  veto. 

After  the  passage  of  the  ordinance,  the  list  of  improve- 
ments and  works  provided  for  may  be  changed,  provided 
that  any  change  shall  be  approved  by  the  proper  department 
and  submitted  to  Council  with  an  amendment  or  supplement 


Charter  of  the  City  of  Cincinnati  57 

to  the  Annual  Improvement  Ordinance.  Such  ordinance 
shall  be  adopted  by  a  three-fourths  vote  and  approved  by 
the  Mayor.  Amendments  or  supplements  shall  contain  the 
same  description  and  estimates  specified  for  the  original 
ordinance.  Copies  of  the  annual  ordinance  and  of  all  amend- 
ments or  supplements  thereto  shall,  immediately  upon  pas- 
sage, be  sent  to  the  Mayor  and  each  department  head. 

The  passage  of  such  annual  ordinance  or  any  amendment 
or  supplement  thereto  shall  not  constitute  an  authorization 
for  the  issue  and  sale  of  bonds  or  the  levy  of  an  assessment, 
but  shall  be  deemed  to  have  the  force  and  effect  of  a  reso- 
lution declaring  the  necessity  for  the  improvements  for  which 
it  provides. 

No  expenditure  shall  be  made  from  funds  created  by  bond 
issues,  other  than  assessment  and  excess  condemnation 
bonds,  except  to  pay  the  cost  or  part  thereof,  of  an  improve- 
ment or  work  included  in  an  annual  improvement  ordinance 
or  amendment  or  supplement  thereto.  Expenditures  for  the 
acquisition,  construction  or  improvement  of  a  public  utility, 
operated  or  to  be  operated  wholly  or  chiefly  from  its  own 
revenues  and  expenditures  authorized  by  an  initiative  ordi- 
nance shall  be  excepted  from  the  provisions  of  this  section. 

Section  155.  At  the  time  of  making  up  the  annual  im- 
provement program,  the  Director  of  Finance  shall  report  to 
the  Mayor  the  purpose  and  amount  of  all  bonds  authorized 
and  unsold  and  the  unencumbered  cash  balances  in  all  un- 
expended bond  funds  with  recommendations  as  to  cancella- 
tion of  bond  authorizations  and  transfer  of  unencumbered 
bond  balances  to  the  sinking  fund  in  all  cases  where  the 
purpose  for  which  the  bonds  were  issued  has  been  either 
abandoned  or   fulfilled. 

Bonds. 

Section  156.  Within  the  limits  permitted  l:)y  the  Consti- 
tution of  Ohio  and  in  addition  to  the  purposes  specified  in 
the  Statutes  of  Ohio,  the  City  may  borrow  money  and  issue 
bonds  for  acquiring,  constructing,  extending,  enlarging,  im- 
proving or  equipping  any  building  for  nuinicipa!  purposes 
or  any  pubh'c  improvement  or  pubh'c  utility  or  for  acquiring 
the  real  estate  or  rights  of  way  therefor.     Excess  condemna- 


58  Charter  of  the  City  of  Cincinnati 

tion  bonds  for  parks,  parkways,  boulevards  and  playgrounds 
may  be  authorized  by  Council  upon  the  recommendation  of 
the  Board  of  Park  Commissioners.  All  bonds  shall  be  au- 
thorized by  vote  of  not  less  than  two-thirds  of  the  members 
of  Council.  Certificates  of  indebtedness  for  money  borrowed 
for  current  expenses  in  anticipation  of  tax  collections  may 
be  issued  for  a  period  not  exceeding  one  year  and  shall  not 
be  refunded.  When  any  unexpended  balance  remaining  in 
a  fund  created  by  an  issue  of  bonds  is  no  longer  needed  for 
the  purpose  for  which  the  fund  was  created,  it  shall  be 
transferred  to  the  sinking  fund. 

Except  as  prescribed  in  this  Charter,  or  as  may  hereafter 
be  prescribed  by  ordinance,  the  form  of  bonds  and  coupons 
and  the  manner  of  their  issue  and  sale  shall  be  as  prescribed 
by  the  Statutes  of  Ohio. 

Section  157.  The  Board  of  Park  Commissioners  shall 
have  power  to  appeal  to  the  people,  as  provided  in  the 
present  sections  4064  and  4065  of  the  General  Code  of  Ohio, 
for  compelling  Council  to  authorize  the  issuance  of  bonds, 
including   excess   condemnation   bonds. 

IMPROVEMENTS   AND   ASSESSMENTS. 

Assessments. 

Section  158.  Council  shall  have  power  by  ordinance  to 
provide  for  the  payment  of  any  part  of  the  cost  of  the  con- 
struction, reconstruction,  repair  or  maintenance  of  any 
structure  or  work  in  the  nature  of  a  public  improvement, 
including  a  public  utility,  by  levying  and  collecting  special 
assessments  upon  abutting,  adjacent  and  contiguous  or  other 
specially  benefitted  property.  The  amount  assessed  against 
any  property  shall  not  exceed  the  amount  of  benefits  accru- 
ing to  such  property  from  such  improvement  and  the  opera- 
tion thereof. 

Method  of  Assessment. 

Section  159.  Such  assessments  may  be  levied  by  any  one 
of  the  following  methods: 

(a)  By   a   percentage   of   the   tax   value   of   the   property 
assessed. 


Charter  of  the  City  of  Cincinnati  59 

(b)  In  proportion  to  the  benefits  which  may  result   from 
the  improvement. 

(c)  By    the    foot    frontage    of    the    property    bounding    or 
abutting  upon  the  improvement. 

Section  160.  Council  shall  create  and  establish  a  Bureau 
of  Assessments,  the  head  of  which  shall  be  appointed  by 
Council  and  shall  be  known  as  the  Supervisor  of  Assessments. 

Section  161.  Immediately  upon  receipt  of  certification  of  an 
annual  improvement  ordinance  or  of  an  amendment  or  supple- 
ment thereto,  or  of  a  resolution  of  necessity,  each  head  of  a 
department,  shall  proceed  to  prepare  and  file  with  the  Bureau 
of  Assessments  detailed  estimates  of  cost,  plans,  profiles  and 
specifications  of  the  improvements  included  in  such  ordinance, 
amendments  and  supplements  or  resolutions  which  are  to  be 
paid  wholly  or  partly  by  assessments  and  are  within  the  scope 
of  the  department.  For  purposes  of  economy  or  convenience 
in  carrying  out  an  improvement,  whether  wholly  paid  for  by 
the  city  or  partly  by  assessments,  two  or  more  departments 
interested  in  such  work  may  arrange  for  the  preparation  of 
joint  estimates,  plans,  profiles  and  specifications.  Where  any 
department  is  without  the  facilities  for  conveniently  preparing 
such  estimates,  profiles,  plans  and  specifications,  it  may  call 
upon  the  Department  of  Highways  to  prepare  the  same  for  it 
and  such  preparation  shall  then  be  done  by  said  Department 
of  Highways.  All  said  detailed  plans,  profiles  and  specifications 
shall  set  forth  the  proposed  grade  of  the  improvement,  if  it  is 
to  be  a  street,  parkway,  boulevard  or  public  way,  and  a  full 
description  of  the  real  estate  or  property  rights  to  be  acquired 
for  the  execution  of  the  improvement. 

Section  162.  Upon  receipt  of  any  such  set  of  plans,  esti- 
mates, profiles  and  specifications,  the  Bureau  of  Assessments 
shall  proceed  to  determine  the  boundaries  of  the  district 
specially  benefitted  by  the  improvement,  the  amounts  of  such 
benefits,  the  names  of  the  owners  and  the  description  of  the 
properties  affected  by  the  construction  of  the  improvement,  the 
property  to  be  assessed,  the  proportion  or  amount  of  assess- 
ment upon  each  piece  of  property,  the  method  of  assessment, 
the  manner  of  paying  assessments,  and  all  other  matters  neces- 
sary or  proper  to  be  determined  in  an  ordinance  providing  for 
such    improvements.      Upon    such    determination,    the    Bureau 


60  Charter  of  the  City  of  Cincinnati 

shall  notify  each  owner  of  property  to  be  assessed.  Such 
notice  shall  contain  a  concise  statement  of  any  establishment 
or  change  of  grade  of  a  street  or  any  other  public  way  involved 
in  the  work,  a  statement  that  the  plans,  profiles,  specifications 
and  estimates  are  on  file  in  its  office,  a  general  description  of 
the  character  of  the  improvement,  the  proposed  method  of 
assessment,  the  proposed  proportion  of  cost  to  be  respectively 
borne  by  the  City  and  by  assessment,  the  number  of  installments 
in  which  the  same  shall  be  payable,  a  statement  that  all  claims 
for  damages  arising  out  of  the  work  must  be  filed  with  the 
Bureau  within  two  weeks  after  the  date  of  service  or  publica- 
tion of  the  notice  and  that  failure  to  so  file  shall  be  deemed 
a  waiver  of  claims  for  damages  and  shall  bar  a  recovery  upon 
such  claims,  and  also  such  notice  concerning  the  installation  of 
service  connections  and  other  structures  on  or  under  or  over 
the  proposed  work  as  may  be  prescribed  by  Council.  All  claims 
for  damages  not  filed  within  said  two  weeks  shall  be  deemed 
waived  and  be  barred.  The  notice  shall  be  served  upon  such 
persons  either  personally  or  in  the  manner  provided  by  general 
law  for  the  service  of  summons  in  civil  actions  and,  if  any 
such  service  can  not  be  made,  notice  shall  be  published  once 
in  the  Municipal  Bulletin  and  in  a  newspaper  of  general 
circulation  within  the  City.  The  notice  shall  also  fix  a  time, 
not  less  than  two  weeks  from  the  service  or  publication 
thereof,  within  which  all  protests  and  objections  concerning  the 
proportion  of  costs  to  be  assessed,  the  assessment  district,  the 
method  of  assessment  or  the  plans,  profiles,  specifications  or 
estimates  may  be  made.  Any  changes  in  the  plans,  profiles, 
estimates  or  specifications  must  be  taken  up  with  and  receive 
the  sanction  of  the  head  of  the  Department  which  filed  the 
same. 

Section  163.  After  the  termination  of  the  period  above  pro- 
vided for  filing  claims  and  protests,  the  Bureau  shall  submit  to 
Council  an  ordinance  or  ordinances  providing  for  all  things 
necessary  and  proper  to  be  ordained  by  Council  in  the  authori- 
zation of  the  work  and  the  payment  of  the  cost  thereof.  With 
such  ordinance  or  ordinances,  the  Bureau  shall  transmit  a  report 
setting  forth  its  reasons  for  the  description  of  the  assessment 
district,  proportion  of  cost  to  be  assessed,  methods  of  assess- 
ment, and  other  matters   included   in  the  ordinance.     Council 


Charter  of  the  City  of  Cincinnati  61 

may  include  in  one  or  more  ordinances  all  matters  relating  to 
the  authorization  and  financing  of  an  improvement  and  may 
make  such  departures  from  the  recommendations  of  the  Bureau 
of  Assessments  as  it  may  deem  proper;  but  if  the  proportion 
of  cost  to  be  borne  by  assessment,  or  the  property  to  be  taken 
or  assessed  shall  be  increased,  such  ordinance  or  ordinances 
shall  not  be  finally  adopted  by  Council  until  the  matter  shall 
have  been  returned  to  the  Bureau  of  Assessments  and  notice 
given  to  persons  and  properties  affected,  with  two  weeks 
for  filing  protests  and  claims,  as  in  the  first  instance,  and  the 
report  thereon  of  the  Bureau  of  Assessments  shall  have  been 
received  by  Council.  When  Council  determines  to  postpone 
the  levy  of  assessment  until  the  completion  of  and  final  ascer- 
tainment of  cost  of  the  work,  the  ordinance  levying  the  assess- 
ment shall  be  prepared  by  the  Bureau  of  Assessments  in 
accordance  with  the  actual  cost  and  Council's  determination  of 
the  proportions  to  be  borne  respectively  by  the  City  and 
assessments. 

Before  any  ordinance  levying  assessments  according  to  bene- 
fits is  passed,  the  Supervisor  of  Assessments  shall  insert  a 
notice  in  the  Municipal  Bulletin  to  the  effect  that  the  pro- 
posed distribution  of  assessments  is  on  file  in  his  office,  fix 
a  time  not  less  than  one  week  nor  more  than  two  weeks, 
within  which  time  after  the  publication  of  the  notice,  com- 
plaints and  objections  to  the  assessment  may  be  filed.  If  any 
such  complaints  or  objections  are  filed.  Council  shall  appoint 
a  Board  of  Equalization  consisting  of  three  freeholders, 
citizens  of  Cincinnati.  On  a  day  appointed  by  Council  for 
such  purpose,  such  Board  shall  hear  and  determine  all  objec- 
tions brought  before  it  and  shall  equalize  the  assessment,  which 
equalized  assessment  it  sliall  report  to  Council,  which  may 
confirm  or  set  it  aside  or  appoint  a  new  equalizing  board  which 
shall  proceed  in  the  manner  above  provided.  When  such  report 
is  confirmed,  Council  shall  levy  the  assessment  in  accordance 
therewith. 

Section  164.  Council  may  provide  for  payment  of  assess- 
ments in  from  one  to  ten  installments  and  they  shall  be  payable 
at  the  time  stipulated  by  Council  and  shall  be  a  lien  from  the 
date  of  the  assessment  upon  the  respective  lots  and  parc-k  of 


62  Charter  of  the  City  of  Cincinnati 

land  assessed  and  shall  be  enforcible  in  the  manner  provided 
by  general  law. 

Section  165.  At  the  time  of  the  passage  of  the  ordinance 
authorizing  the  improvement  to  proceed,  Council  may  determine 
whether  the  filed  claims  for  damages  shall  be  judicially  inquired 
into  before  commencing  or  after  the  completion  of  the  pro- 
posed improvement.  Such  inquiry  shall  be  made  at  the  time 
directed  by  Council  and  in  the  manner  provided  by  general  law. 

Section  166.  When  special  assessments  are  levied  by  the 
percentage  of  tax  value  of  the  property  assessed  or  by  the 
foot  frontage  of  the  property  bounding  and  abutting  upon  the 
improvement,  and  there  are  lands  subject  to  such  assessment 
which  are  not  assessed  for  taxation,  the  Bureau  of  Assessments 
shall  fix,  for  the  purpose  of  such  assessment,  the  value  of  such 
lots  as  they  stand  and  of  such  lands  to  such  depths  as  the 
Bureau  of  Assessments  considers  a  fair  average  of  the  assessed 
value  of  other  lots  in  the  neighborhood.  Where  lands  are 
not  subdivided  into  lots,  but  are  assessed  for  taxation,  the 
Bureau  of  Assessments  shall  fix  the  value  and  the  depth  in  the 
same  manner ;  but  the  above  rule  shall  not  apply  in  making  a 
special  assessment  according  to  benefits. 

Limitation  on  Assessments. 

Section  167.  In  no  case  shall  there  be  levied  on  any  lot  or 
parcel  of  land  any  assessments  for  any  or  all  purposes  within 
a  period  of  five  years  in  excess  of  one-third  of  the  actual  value 
thereof  after  the  improvement  is  made  and  in  operation. 
Assessments  levied  for  the  construction  of  main  sewers  shall 
not  exceed  the  sum  that,  in  the  opinion  of  Council,  would  be 
required  to  construct  an  ordinary  street  sewer  or  drain  of  suf- 
ficient capacity  to  drain  or  sewer  the  lots  or  lands  to  be  assessed 
for  such  improvement,  nor  shall  any  lots  or  lands  be  so  assessed 
that  do  not  need  local  drainage,  or  which  are  provided 
therewith. 

City's  Portion  of  Cost. 

Section  168.  The  City  shall  pay  such  portion  of  the  cost 
and  expense  of  improvements  for  which  special  assessments 
are  levied  as  Council  deems  just,  which  part  shall  not  be  less 
than  one-fiftieth  of  all  such  cost  and  expense;  and  in  addition 
thereto  the  City  shall  pay  the  cost  of  intersections. 


Charter  of  the  City  of  Cincinnati  .  63 

Supplementary  Assessments  and  Rebates, 

Section  169.  When  assessments  are  levied  previous  to  the 
ascertainment  of  the  cost  of  the  improvement  and  prove  to  be 
in  excess  of  the  proportion  of  cost  to  be  borne  by  assessments 
as  fixed  by  Council,  the  Director  of  Finance  shall  return  or 
rebate  to  the  then  owner  of  the  property  assessed  its  portion 
of  such  excess.  If  the  assessment  proves  inadequate  to  pay  the 
said  proportion  of  the  cost  of  the  improvement,  the  Bureau  of 
Assessments  shall  report  to  Council  a  supplementary  assess- 
ment, which  supplementary  assessment  shall  be  levied  by  ordi- 
nance of  Council  and  collected  as  is  provided  in  the  case  of 
original  assessments. 

Sewer,  Water,  and  Other  Connections. 

Section  170.  The  Director  of  Highways  shall  have  au- 
thority to  compel  the  making  of  sewer  and  water  connections 
whenever,  in  view  of  contemplated  street  improvements  or  as 
a  sanitary  regulation,  sewer  or  water  connections  should  in  his 
judgment  be  constructed.  He  shall  cause  written  notice  of  his 
determination  thereof  to  be  given  to  the  owner  of  each  lot  or 
parcel  of  land  to  which  such  connections  are  to  be  made,  which 
notice  shall  state  the  number  and  character  of  connections 
required.  Such  notice  shall  be  served  by  the  Bureau  of  Assess- 
ments in  the  manner  provided  for  the  service  of  summons  in 
civil  actions.  Non-residents  of  the  City,  or  persons  who  cannot 
be  found,  may  be  served  by  one  publication  of  such  notice  in 
a  newspaper  of  general  circulation  in  the  City.  The  notice 
shall  state  the  time  within  which  such  connections  shall  be 
constructed.  If  not  constructed  within  the  said  time,  the  work 
may  be  done  by  the  Director  of  Flighways  and  the  whole  cost 
thereof,  together  with  a  penalty  of  five  percent  (5%)  assessed 
against  the  lots  and  lands  for  which  such  connections  are  made. 
Such  assessments  shall  not  be  subject  to  the  limitations  of 
assessments  provided  in  this  Charter.  Upon  certificates  from 
the  Director  of  Highways,  the  Bureau  of  Assessments  shall 
prepare  and  send  to  Council  ordinances  levying  assessments  as 
provided  for  in  this  section  and  providing  for  the  issuance  of 
assessment  bonds ;  and  such  assessments  for  one  or  more 
streets  may  be  included  in  one  ordinance. 

Council  may  provide   for  similar  procedure  by  the  Board  of 


64  Charter  of  the  City  of  Cincinnati 

Park  Commissioners  and  similar  assessments  for  the  protection 
of  parkways  and  boulevards;  and  may  also  provide  by  similar 
procedure  and  assessments  for  protection  of  improvements  of 
street,  boulevard,  and  other  public  ways  and  places  by  the 
construction  of  other  classes  of  utility  connections. 

Repayment  of  Utility  Assessments. 

Section  171.  When  assessments  have  been  levied  to  pay  a 
portion  of  the  cost  of  a  watermain,  gas  main  or  other  utility, 
Council  may,  with  the  approval  by  the  Public  Utilities  Com- 
mission of  the  amount  of  any  such  repayment,  provide  for 
repayment  to  the  owners  of  the  assessed  property  out  of  the 
revenues  derived  from  the  operation  of  such  main  or  other 
utility  of  the  whole  or  any  part  of  the  assessment. 

Obstructions. 

Section  172.  Council  may  provide  for  the  removal  by  the 
City  of  any  obstruction  or  nuisance  on  a  street  or  other  public 
way  or  place  and  for  the  assessment  of  the  cost  thereof  upon 
the  owner  of  adjacent  property  or  of  the  property  of  any  other 
person  responsible  for  such  obstruction  or  nuisance. 

Sidewalks. 

Section  173.  Council  may  by  resolution  declare  that  certain 
specified  sidewalks,  curbings  or  gutters  shall  be  constructed, 
repaired,  cleaned  or  cleared  of  snow  or  any  nuisance.  One 
reading  only  shall  be  required  for  such  resolution  and  any 
number  of  such  improvements  may  be  included  in  one  resolu- 
tion. Upon  the  passage  of  such  a  resolution,  the  Bureau  of 
Assessments  shall  cause  written  notice  of  the  passage  thereof 
to  be  served  upon  the  owner  or  agent  of  the  owner,  of  each 
parcel  of  land  abutting  upon  such  sidewalks,  curbings  or  gut- 
ters, who  may  be  a  resident  of  the  City,  in  the  manner  provided 
by  the  law  for  the  service  of  summons  in  civil  actions.  If  the 
owner  of  any  such  property  be  not  a  resident  of  the  City,  any 
person  charged  with  the  collection  of  rent,  or  the  payment  of 
taxes  on  such  property,  or  having  control  thereof  in  any  way, 
shall  be  regarded  as  the  agent  of  the  owner  and  service  upon 
such  person  shall  have  the  like  force  and  effect  as  though 
personal    service    were    made    upon    the    owner    thereof.      If 


Charter  of  the  City  of  Cincinnati  65 

neither  such  owner  nor  agent  can  be  served  in  the  City,  one 
publication  of  a  copy  of  the  resolution  in  a  newspaper  of 
general  circulation  of  the  City  shall  be  deemed  sufficient  notice 
to  such  owner. 

If  the  work  specified  in  such  resolution  be  not  done  within 
the  time  specified  therein,  which  time  shall  not  be  less  than 
fifteen  days  from  the  service  or  publication  of  the  above  de- 
scribed notice,  the  Director  of  Highways  may  proceed  to  do 
such  work  and  report  the  expense  thereof  to  the  Bureau  of 
Assessments,  which  shall  prepare  and  transmit  to  Council  an 
ordinance  assessing  the  expense  upon  the  owners  of  the 
properties  bounding  or  abutting  thereon.  Council  shall  there- 
upon pass  such  ordinance  to  assess  the  cost  and  expense  thereof 
upon  such  owners,  and  such  assessments  shall  be  collected  in 
the  same  manner  as  other  assessments  with  a  penalty  of  five 
percent  (5%)  and  interest  for  failure  to  pay  at  the  time  fixed 
by  the  assessment  ordinance. 

Maintenance  Assessments. 

Section  174.  Assessments  for  the  sprinkling,  oiling,  or  other 
surface  treatment  of  the  streets  or  other  assessments  for  the 
maintenance  of  public  improvements  shall  be  payable  in  one 
installment,  unless  the  work  covers  a  period  greater  than  a  year, 
in  which  case  the  assessment  may  be  made  payable  in  the  num- 
ber of  installments  equal  to  the  number  of  years  for  whicli 
such  work  is  provided.  When  the  owners  of  property  equal  to 
or  greater  than  seventy-five  percent  (75%)  of  the  abutting  feet 
petition  for  any  such  maintenance  work,  to  be  borne  wholly  or 
partly  by  assessments,  assessments  for  such  work  shall  not  be 
subject  to  the  limitations  of  assessments  provided  in  this 
Charter. 

Re-Assessments. 

Section  175.  Whenever  it  is  made  to  appear  to  Council  that 
a  special  assessment  is  invalid  by  reason  of  informality  or  irreg- 
ularity in  the  proceedings  or  by  decree  of  court,  Council  may 
make  a  re-assessment.  Proceedings  upon  a  re-assessment  shall 
be  like  those  provided  for  the  original  assessment. 

Certification  of  Unpaid  Assessments. 

Section    176.     Tlie   Director   of    Finance    shall   on   or   before 


66  Charter  of  the  City  of  Cincinnati 

the  second  Monday  of  September  of  each  year,  certify  all 
unpaid  assessments  together  with  all  penalties  or  interest 
thereon  to  the  County  Auditor  for  collection,  giving  the  names 
of  the  delinquents,  the  amounts  due,  and  time  for  payment. 

Assessment  Bonds. 

Section  177.  Council  may  at  any  time  borrow  money  and 
authorize  the  issuance  of  bonds  therefor  in  anticipation  of  the 
levy  and  collection  of  assessments. 

PUBLIC  IMPROVEMENTS  BY   CONTRACT  OR 
DIRECT  LABOR. 

Section  178.  Public  improvements  of  all  kinds,  whether  to 
be  paid  for  entirely  by  the  City  or  partly  by  assessments,  may 
be  made  by  the  appropriate  department  either  by  direct  em- 
ployment of  the  necessary  labor  and  the  purchase  of  the 
necessary  supplies  and  materials,  with  separate  accounting  as 
to  each  improvement  so  made,  or  by  contract  duly  let  after 
competitive  bidding.  Contracts  may  provide  a  bonus  per  day 
for  completion  of  the  contract  prior  to  a  specified  date,  and 
liquidated  damages  to  the  City  to  be  exacted  in  like  sum  for 
every  day  of  delay  beyond  a  specified  date. 

Alterations  or  Modifications  in  Contract. 

Section  179.  When  it  becomes  necessary,  in  the  opinion  of 
the  head  of  the  appropriate  department,  in  the  prosecution  of 
any  work  or  improvement  under  contract,  to  make  alterations 
or  modifications  in  such  contract,  such  alterations  or  modifica- 
tions shall  be  made  only  upon  the  order  of  such  head  in 
writing.  No  such  order  shall  be  effective  until  the  price  to  be 
paid  for  the  work  and  material,  or  both,  under  the  altered  or 
modified  contract,  shall  have  been  agreed  upon  in  writing  and 
signed  by  the  contractor  and  the  department  head  and  approved 
by  the  Mayor. 

Joint  Work. 

Section  180.  Where  for  reasons  of  convenience  or  economy 
it  is  deemed  advisable  by  the  head  of  a  department  or  by  heads 
of  more  than  one  department  to  contract  jointly  for  one  or 
more  improvements,  bids  may  be  received  and  the  contract 
awarded  jointly.     In  case  assessments  are  involved,  the   form 


Charter  of  the  City  of  Cincinnati  67 

of  bids  shall  be  such  as  to  permit  of  the  ascertainment  of  the 
portions  of  the  joint  cost  attributable  to  each  improvement. 
The  heads  of  the  departments  may  agree  as  to  the  proper 
apportionment  of  the  City's  portion  of  the  cost  of  any  such 
improvements  jointly  made. 

Contracts — How  Let. 

Section  181.  All  contracts  involving  an  expenditure  in 
excess  of  One  Thousand  Dollars  ($1,000.00)  shall  be  made 
w^ith  the  lowest  and  best  bidder,  after  advertisement  once  a 
week  for  at  least  two  weeks  in  the  Municipal  Bulletin,  and  no 
other  advertisements  shall  be  required.  The  bids  shall  be 
opened  at  twelve  o'clock  noon,  on  the  last  day  for  filing  the 
same,  by  the  head  or  heads  of  the  departments  for  which  the 
work  is  to  be  done  or  his  personal  representative,  in  the  presence 
of  the  Director  of  Finance,  or  his  representative,  and  publicly 
read.  Each  bid  shall  contain  the  full  name  of  every  person 
or  company  interested  in  the  same,  and  shall  be  accompanied 
by  sufficient  bond  or  certified  check  of  a  solvent  bank  of  the 
City,  in  an  amount  fixed  in  the  specifications,  that  if  the 
bid  is  accepted  the  contract  will  be  entered  into  and  an  accept- 
able bond  in  the  sum  of  not  less  than  twenty-five  percent 
(25%  )  of  the  contract  price  be  given  to  properly  secure  the 
performance  of  the  same  within  the  contract  time.  Such  head 
of  department  may  reject  any  or  all  bids.  All  contracts  shall 
be  in  writing  awarded  and  signed  by  the  head  of  the  appro- 
priate department  or  departments.  Contracts  shall  be  executed 
in  triplicate  and  one  copy  filed  with  the  Director  of  Finance. 

Certificate  of  Director  of  Finance. 

Section  182.  No  order,  contract,  agreement,  or  other  obliga- 
tion involving  the  expenditure  of  money  shall  be  issued  or 
entered  into,  unless  the  Director  of  Finance  first  certify  that 
the  money  required  for  such  order,  contract,  agreement,  or 
expenditure  is  in  the  Treasury  to  the  credit  of  the  fund  from 
which  it  is  to  be  drawn  and  not  appropriated  or  encumbered 
for  any  other  purpose,  which  certification  shall  be  ininiediately 
recorded  against  the  ap])ro])riation  or  fund  alTccted.  The  sum 
so  certified  shall  not  thereafter  be  con.sidered  available  for  any 
other  expenditure  until  the  City  is  discharged  from  the  order, 
contract,  agreement,  or  ()l)liga(ion.     'Moneys  to  be  derived   from 


68  Charter  of  the  City  of  Cincinnati 

the  sale  of  bonds  or  notes  the  issue  of  which  has  been  law- 
fully authorized  shall,  for  the  purpose  of  such  certificate,  be 
deemed  in  the  treasury  to  the  credit  of  the  appropriate  fund, 
and  subject  to  such  certification.  To  the  extent  of  any  such 
certification  so  long  as  in  effect  such  authorization  of  bonds 
or  notes  shall  not  be  revocable  by  Council.  Contracts  for 
public  lighting,  or  for  supplying  water,  electricity,  or  other 
public  utility  service  to  the  City  or  for  the  collection  or  disposal 
of  garbage  or  other  waste  and  duly  executed  leases  of  property 
to  the  City,  which  contracts  or  leases  run  beyond  the  end  of 
the  fiscal  year  in  which  they  are  made,  and  contracts  involving 
expenditures  from  the  revenue  of  a  utility,  or  from  assess- 
ments or  assessment  bonds,  shall  be  subject  to  the  limitations 
provided  in  this  section. 

Contracts — When  Void. 

Section  183.  All  orders,  contracts,  agreements,  or  other 
obligations  issued  or  entered  into  in  violation  of  the  provisions 
of  this  Charter  shall  be  void. 

Condition  of  Letting  Contracts. 

Section  184.  Before  any  contract  is  let,  it  shall  receive  the 
written  approval  of  the  City  Solicitor  as  to  form  and  legality. 

APPROPRIATION   OF  PROPERTY. 

Section  185.  Property  within  and  witliout  the  corporate 
limits  of  the  City  may  be  appropriated  for  any  public  or 
municipal  use  or  purpose  and  in  furtherance  thereof.  Such 
appropriation  shall  be  made  as  herein  provided.  The  City  may 
by  appropriation  acquire  a  fee  simple  title  or  any  lesser  estate, 
easement  or  use. 

Declaratory  Resolution. 

Section  186.  When  it  is  deemed  necessary  to  appropriate 
property  Council  shall  pass  a  resolution  declaring  such  intent 
defining  the  purpose  of  the  appropriation,  setting  forth  a 
pertinent  description  of  the  lands  and  the  estate- or  interest 
therein  desired  to  be  appropriated. 

Notice. 

Section  187.  Immediately  upon  the  passage  of  such  resolu- 
tion for  which  but  one  reading  shall  be  necessary,  written 
notice  of   such   intent   shall  be  given  to  the  owner,   person   in 


Charter  of  the  City  of  Cincinnati  69 

possession  of  or  having  an  interest  of  record  in  every  piece  of 
property  sought  to  be  appropriated,  or  to  his  authorized  agent. 
Such  notice  shall  be  served  and  returned  by  the  Bureau  of 
Assessments  in  the  manner  provided  by  law  for  the  service  and 
return  of  a  summons  in  a  civil  action.  If  such  owner,  person 
or  his  agent  cannot  be  found,  notice  shall  be  given  by  publica- 
tion once  a  week  for  three  consecutive  weeks  in  a  newspaper 
of  general  circulation  in  the  City.  Thereupon  Council  may  pass 
an  ordinance,  by  the  votes  of  not  less  than  two-thirds  of  all 
members  elected  thereto,  directing  such  appropriation  to 
proceed. 

Further  Proceedings. 

Section  188.  Upon  the  passage  of  such  ordinance,  the  City 
Solicitor  shall  make  application  to  a  court  of  competent 
jurisdiction  and  proceed  in  the  manner  provided  by  general 
law  for  the  appropriation  of  property  by  municipal  corpora- 
tions, for  the  purpose  of  having  the  compensation  to  be  paid 
for  said  property,  easement  or  use  assessed. 

Section  189.  In  the  case  of  an  appropriation  of  a  public 
utility,  the  period  within  which  the  City  is  required  by  Section 
3697  of  the  General  Code  of  Ohio  or  amendment  thereof  to 
pay  for  the  property  appropriated,  shall  be  held  to  date  from 
the  day  of  the  referendum  election  provided  for  in  Section  196 
of  this  Charter, 

Proceeds  of  Excess  Condemnation. 

Section  190.  All  proceeds  from  the  sale  of  property  acquired 
by  excess  condemnation  shall  l)c  paid  into  the  Sinking  Fund 
and  to  the  extent  necessary  shall  be  npplied  to  the  redemption 
of  the  bonds  secured  by  such  ])ropcrty. 

FRANCHISES. 
Grant. 

Section  191.  Council  may  by  ordinance  grant  permission 
to  any  person  or  corporation  to  construct  or  operate  any  public 
utility  in  the  streets  and  public  grounds  of  the  city ;  and  no 
person  or  corporation  shall  occupy  any  street  or  public  ground 
without  such  a  franchise.  Council  may  attach  to  any  such 
grant  any  and  all  terms  and  conditions  which  it  deems  con- 
ducive to  the  public  interest.  At  or  within  two  years  of  the 
termination    thereof,    Council    may   renew   any   such    grant   and 


70  Charter  of  the  City  of  Cincinnati 

fix  the  terms  and  conditions  thereof,  but  no  such  renewal  shall 
be  made  in  violation  of  any  of  the  limitations  contained  in 
this  Charter.  No  franchise  grant  or  amendment  thereof  shall 
be  passed  as  an  emergency  measure. 

Term  and  Indeterminate  Franchises. 

Section  192.  Such  franchises  may  be  granted  for  a  definite 
term  of  years,  not  to  exceed  twenty-five  years  from  the  date 
of  the  grant,  or  for  an  indeterminate  period  to  continue  in 
force,  unless  otherwise  terminated  according  to  law,  until  such 
time  as  the  City  shall  acquire  the  property  of  the  utility  used 
in  and  useful  for  the  operation  thereof. 

No  Exclusive  Franchises. 

Section  193.  No  right  to  construct  or  maintain  any  public 
utility  in  the  City  of  Cincinnati  and  no  right  to  operate  any 
privately  owned  utility  shall  be  exclusive.  In  the  grant  of  an 
indeterminate  franchise.  Council  may  provide  for  the  issuance 
by  the  Public  Utilities  Commisson  of  a  certificate  of  public 
convenience  and  necessity  as  a  condition  precedent  to  the  later 
grant  of  a  franchise  to  a  competing  utility. 

Purchase. 

Section  194.  The  acceptance  of  or  operation  under  any 
grant  or  renewal  of  any  franchise  or  permit  shall  be  deemed 
a  consent  on  the  part  of  the  person  or  corporation  so  accepting 
or  operating  the  same  of  the  right  of  the  City  to  purchase  all 
the  property  of  the  utility  used  in  or  useful  for  the  operation 
thereof  at  a  price  which  is  either  fixed  in  the  ordinance  grant- 
ing the  franchise  or  permit,  or  to  be  fixed  in  the  manner  pro- 
vided by  such  ordinance,  which  price  shall  not  include  any 
value  for  such  franchise.  In  case  the  price  or  manner  of 
ascertaining  the  same  are  not  provided  in  such  ordinance,  then 
such  acceptance  or  operation  shall  be  deemed  an  agreement  by 
such  person  or  corporation  that  in  any  condemnation  or  other 
proceeding  brought  by  the  City  for  the  purpose  of  ascertaining 
the  amount  to  be  paid  for  such  property,  no  value  shall  be 
placed  upon  or  allowed  for  the  franchise  in  excess  of  that 
above  provided.  Upon  the  acquisition  of  any  such  property, 
all  franchises  or  renewals  thereof  shall  at  once  terminate.  No 
such  ordinance  fixing  or  agreeing  upon  the  price  of  any  such 
utility  shall  take  effect  until  it  shall  have  been  submitted  to  the 


Charter  of  the  City  of  Cincinnati  71 

electors   of   the   City  and  shall  have  been  approved  by  a  ma- 
jority of  those  voting  on  the  question. 

Existing  Franchises. 

Section  195.  Council  shall  have  the  power  to  accept  the 
surrender  of  any  franchise  in  force  at  the  taking  effect  of  this 
Charter  and  in  lieu  thereof  to  grant  a  new  franchise  or  inde- 
terminate permit  in  accordance  with  the  provisions  of  this 
Charter. 

Appropriation  of  Utilities. 

Section  196.  If  the  municipality  determines  to  acquire  the 
property  of  any  utility  by  condemnation,  the  compensation  to 
be  paid  therefor  shall  be  determined  in  the  manner  provided 
by  the  law  of  the  State  for  the  appropriation  of  property  by 
municipal  corporations,  but  no  ordinance  directing  such  appro- 
priation to  proceed  shall  take  effect  unless  adopted  by  a  vote 
of  not  less  than  two-thirds  of  the  members  elected  to  Council, 
and  Council  shall  at  the  time  of  the  adoption  of  such  ordinance 
provide  and  authorize  the  expenditure  of  such  funds  as  in  its 
opinion  will  be  sufficient  to  meet  the  expenses  of  such  appro- 
priation proceedings.  Such  ordinances  shall  be  subject  to  an 
optional  referendum  in  accordance  with  the  provisions  of 
Section  5  of  Article  18  of  the  Constitution  of  Ohio. 

When  the  price  to  be  paid  for  such  utility  is  fixed  by  such 
appropriation  proceedings,  Council  shall,  by  ordinance  adopted 
by  a  vote  of  not  less  than  two-thirds  of  the  members  elected 
thereto,  determine  whether  the  property  of  such  utility  shall 
be  acquired  at  the  price  so  fixed,  and  if  it  determines  that  the 
property  of  such  utility  shall  be  acquired,  it  shall  in  such  ordi- 
nance provide  for  the  issue  and  sale  of  bonds  or  other  method 
by  which  the  necessary  funds  are  to  be  secured,  but  no  such 
ordinance  or  any  other  ordinance  providing  for  the  acquisition 
of  the  property  of  a  public  utility  shall  take  effect  until  it  shall 
have  been  submitted  to  the  electors  of  the  City  at  a  general 
election,  and  shall  have  been  approved  by  a  vote  of  not  less 
than  two-thirds  of  those  voting  on  the  questioiu 

Extensions. 

Section  197.  Council  may,  by  ordinance,  grant  to  any  indi- 
vidual, company  or  corporation  operating  a  public  utility  the 
right  to  extend  the  appliances  and  service  of  such  utility.     All 


12  Charter  of  the  Citv  of  Cincinnati 

such  extensions  shall  become  a  part  of  the  aggregate  property 
of  the  utility,  and  shall  be  subject  to  all  the  obligations  and 
"reserved  rights  in  favor  of  the  City  applicable  to  the  property 
of  the  utility  by  virtue  of  the  ordinances  providing  for  its 
construction  and  operation.  The  right  to  use  and  maintain  any 
such  extension  shall  expire  with  the  original  grant  to  the  utility 
to  which  the  extension  was  made  or  any  renewal  thereof. 

Regulations. 

Section  198.  All  rights  of  regulation  and  supervision,  except 
in  so  far  as  any  exercise  thereof  may  be  necessarily  inconsistent 
with  the  express  provisions  of  the  franchise,  or  with  the 
provisions  of  this  Charter,  shall  be  deemed  reserved  to  the 
City  in  every  grant. 

Consents. 

Section  199.  No  consent  of  the  owner  of  property  abutting 
on  any  public  way  or  public  grounds  shall  be  required  for  the 
construction,  extension,  maintenance,  or  operation  of  any  street 
railway. 

Forfeitures. 

Section  200.  All  grants  of  franchises  shall  be  deemed  to 
provide  for  the  right  of  Council  to  declare  the  franchise  for- 
feited upon  failure  of  the  grantee  to  comply  with  the  terms 
thereof,  whether  or  not  such  right  of  forfeiture  be  expressed 
in  the  franchise. 

MISCELLANEOUS. 
Publicity  of  Records. 

Section  201.  All  records  of  every  ofifice  and  department  of 
the  City  shall  be  open  to  the  public  at  all  reasonable  times, 
subject  to  such  reasonable  rules  and  regulations  as  will  insure 
their  safety  and  will  not  unduly  inconvenience  City  officials 
and  employes  in  the  discharge  of  their  duties.  Nothing  herein 
provided  shall  be  so  construed  as  to  give  the  right  to  any  person 
to  have  access  to  any  records  or  documents  where  the  disclosure 
of  the  information  contained  therein  would  tend  to  defeat  the 
lawful  purpose  of  the  officer  or  department  withholding  them 
from  access. 

Petitions. 

Section  202.  Every  nominating  petition,  recall  petition,  initi- 
ative petition,  referendum  petition,  or  other  petition  or  amend- 


Charter  of  the  City  of  Cincinnati  7Z 

ment  thereof,  shall  have  printed  at  the  top  of  each  petition 
paper  circulated  for  signing  the  following  words,  printed  in 
bold  face  type: 

NOTICE. 

"Whoever  knowingly  signs  this  petition  more  than  once,  signs 
a  name  other  than  his  own,  or  signs  when  not  a  legal  voter,  is 
liable  to  prosecution." 

Immediately  preceding  the  text  of  each  such  petition  or 
amendment  shall  be  the  following  statement,  which  shall  be 
signed  and  truly  filled  out  by  the  person  who  circulates  the 
petition  or  any  part  thereof : 

"In  consideration  for  my  services  in  soliciting  signatures  to 
this  petition,  I  have  received,  or  expect  to  receive  from 
of    '■ 


(Here  insert  whatever  value  has  been  received,  or  what  is  expected  to  be 
received.) 

(Signed) 


Address. 

Section  203.  On  all  petition  papers  provided  for  in  this 
Charter,  each  signer  thereof  shall  sign  his  name  in  ink  or 
indelible  pencil,  and  shall  place  on  the  petition  paper  opj)osite 
his  name,  the  date  of  his  signature  and  his  place  of  residence 
by  street  and  number.  The  signatures  to  such  petition  need  not 
all  be  appended  to  one  paper,  but  to  each  such  paper  there  shall 
be  attached  an  affidavit  by  the  circulator  thereof,  stating  the 
number  of  signers  thereto  and  that  each  signature  appended  is 
the  genuine  signature  of  the  person  it  purports  to  be,  and  that 
it  was  made  in  the  presence  of  the  affiant  and  on  the  day  indi- 
cated. The  several  petition  papers  as  assembled  shall  be  con- 
sidered the  petition. 

Investigations. 

Section  204.  Whenever  in  this  Charter  the  power  of  mak- 
ing investigations  is  conferred,  the  power  shall  include  the 
right  to  administer  oaths,  compel  the  attendance  of  wit- 
nesses, the  production  of  books  and  papers,  the  answer, 
upon  oath  or  affirmation,  of  c|ucstions  pertinent  to  the  mat- 
ter   under    investigation,    and    to    cause    the    enforcement    of 


74  Charter  of  the  City  of  Cincinnati 

orders  by  contempt  proceedings.  All  subpoenas  and  orders 
shall  be  signed  by  the  officer  or  the  presiding  officer  of  the 
Committee,  Board,  Commission  or  body  making  such  in- 
vestigation, and  shall  be  served  and  executed  by  any  officer 
authorized  by  law  to  serve  subpoenas. 

Eight  Hour  Day. 

Section  205.  Except  in  cases  of  extraordinary  emergen- 
cies, not  to  exceed  eight  hours  shall  constitute  a  day's  work, 
and  not  to  exceed  forty-eight  hours  shall  constitute  a  week's 
work  for  workmen  engaged  on  any  public  work  carried  on 
or  aided  by  the  municipality,  whether  done  by  contract  or 
otherwise.  Council  shall  by  ordinance  provide  for  the  en- 
forcement of  the  provisions  of  this   section. 

Section  206.  The  labor  or  time  of  any  person  confined 
in  the  City  Workhouse  shall  not  be  let,  farmed  out,  given, 
sold,  or  contracted  to  any  person,  firm,  corporation  or  as- 
sociation. 

Interest   of  Officers  and   Employes  in   City   Contracts. 

Section  207.  No  officer  or  employe  of  the  City  shall 
have  a  personal  interest,  direct  or  indirect,  in  any  contract 
with  the  City,  or  be  personally  interested,  directly  or  in- 
directly, in  the  sale  to  the  City  of  any  supplies,  material, 
service  or  land.  Any  wilful  violation  of  this  section  may 
subject  the  guilty  officer  or  employe  to  forfeiture  of  his 
office  or  employment. 

Status  of  Existing  Ordinances. 

Section  208.  All  ordinances  and  resolutions  in  force  at 
the  time  of  the  taking  effect  of  this  Charter,  and  not  incon- 
sistent with  its  provisions,  shall  continue  in  force  until 
amended  or  repealed. 

Status  of  State  Statutes. 

Section  209.  All  existing  and  future  general  laws  of  the 
State  of  Ohio  relating  or  applicable  to  cities,  in  so  far  as  they 
are  not  in  conflict  with  the  .provisions  of  this  Charter  or 
with  any  ordinance  or  resolution  hereafter  enacted  by  the 
City  Council  or  with  any  act  or  order  of  any  officer  or  de- 
partment lawfully  given  or  done  under  the  authority  of  this 
Charter    or    such    ordinance    or    resolution    shall    remain    in 


Charter  ok  the  City  of  Cincinnati  75 

force  and  effect  in  Cincinnati;  hut  nothing  contained  in  this 
Charter  shall  be  construed  as  limiting  the  power  of  Council 
to  enact  any  ordinance  or  resolution  not  in  conflict  with 
the  Constitution  of  Ohio  or  the  provisions  of  this  Charter. 
Valid  existing  special  laws  applicable  to  Cincinnati  shall  have 
the  same  status  as  above  provided  for  general  laws. 

Status  of  Officers  and  Appointees. 

Section  210.  All  persons  holding  office  or  positions  at  the 
time  this  Charter  goes  into  effect  shall  continue  in  office  or 
position  and  in  the  performance  of  their  duties  until  elec- 
tions, appointments,  abolition  of  offices  and  positions  and 
other  provisions  shall  have  been  made  in  accordance  with 
this  Charter  for  the  performance  or  discontinuance  of  the 
duties  of  any  such  offices  or  positions.  When  such  election, 
appointment,  abolition  or  other  provision  shall  have  been 
made,  the  term  of  the  incumbent  of  any  such  office  or  posi- 
tion shall  expire.  The  powers  which  are  conferred  and  the 
duties  which  are  imposed  upon  any  officer,  commission, 
board,  or  department  of  the  City  under  the  laws  of  the 
State  shall  be  exercised  and  discharged  by  the  officer,  ap- 
I)ointee,  or  department  upon  whom  are  imposed  correspond- 
ing functions,  powers  and  duties  hereunder. 

Status  of  Existing  Contracts. 

Section  211.  All  contracts  entered  into  by  the  City  or 
for  its  benefit  prior  to  the  taking  effect  of  this  Charter  shall 
continue  in  full  force  and  effect.  Public  improvements  for 
which  legislative  steps  have  been  taken  under  laws  in  force 
at  the  time  this  Charter  takes  effect  may  be  carried  to  com- 
pletion in  accordance  with  the  provisions  of  such  laws. 

Saving   Clause. 

Section  212.  The  invalidity  of  any  clause  or  part  of  this 
Charter  shall  not  be  deemed  to  affect  the  validity  of  any 
other  part  thereof,  nor  shall  any  clause,  provision  or  part 
of  this  Charter  be  deemed  invalid  because  it  cannot  con- 
stitutionally be  effective  to  the  full  extent  warranted  by  its 
language;  but  this  Charter  and  every  part  thereof  shall  be 
effective  to  the  full  extent  permitted  by  the  Constitutions 
of  the   United   States  and   of  Ohio. 


76  Charter  of  the  City  of  Cincinnati 

Amendments. 

Section  213.  Ainciulmenls  to  this  Charter  may  be  sub- 
mitted to  the  electors  of  the  City  as  provided  by  the  Consti- 
tution of  Ohio. 

Repeal  of  Charter. 

Section  214.  This  Charter  may  be  repealed  by  a  majority 
vote  on  an  initiative  petition  therefor,  as  provided  by  the 
Constitution  for  Charter  amendments,  and  when  so  repealed 
the  repeal  shall  take  effect  at  the  end  of  the  term  for  which 
the  then  Mayor  was  elected ;  and  the  City  of  Cincinnati  shall 
then  be  governed  as  provided  by  general  law. 

RKCALL 
Who  May  Be  Recalled. 

Section  215.  Any  elective  ofificer  who  has  held  office  for 
at  least  one  year  may  be  removed  from  office  by  the  qualified 
electors  of  the  City  in  accordance  with  the  following  recall 
procedure : 

Charges. 

Section  216.  Any  five  or  more  registered  electors  of  this 
City  may  file  specific  charges  against  any  elective  officer  in 
a  written,  signed  statement  of  not  to  exceed  five  hundred 
words,  sworn  to  by  each  of  the  signers.  Within  ten  days 
after  the  filing  of  such  charges,  the  person  sought  to  be  re- 
called may  file  an  answer.  Both  charges  and  answer  shall  be 
filed  with  the  election  authorities. 

Petitions. 

Section  217.  Unless  such  officer  shall  within  twenty  days 
after  the  filing  of  the  charges  resign  from  office,  a  recall  pe- 
tition may  be  circulated  and  signed,  asking  that  the  question 
of  removing  such  officer  be  submitted  to  the  electors  of  the 
city.  No  signature  written  previous  to  the  expiration  of  said 
twenty  days  shall  be  valid  or  counted.  No  petition  may  be 
for  the  recall  of  more  than  one  person.  Petitions  shall  be  filed 
with  the  election  authorities.  Each  petition  paper  must  con- 
tain a  statement  of  the  cause  of  the  proposed  recall  in  the 
language  of  the  aforesaid  written  charges.  A  recall  peti- 
tion must  be  signed  by  registered  electors  of  the  City,  equal 
in  number  to  not  less  than  twenty-five  percent  of  the  vote 
cast  for  Mayor  at  the  next  preceding  election  for  Mayor,  and 


Charter  of  the  City  of  Cincinnati  77 

shall  be  filed  within  forty  days  after  the  aforesaid  twenty 
day  period  for  the  fihng  of  the  attacked  officer's  answer  shall 
have  expired. 

Elections. 

Section  218.  Whenever  a  recall  petition  has  been  filed 
in  all  respects  as  herein  provided  and  if  within  ten  days 
thereafter  the  Clerk  of  the  Election  authorities  certifies  that 
the  petition  is  in  the  form  above  prescribed  and  that  it  con- 
tains the  requisite  number  of  names  of  registered  electors, 
then  not  less  than  forty  nor  more  than  sixty  days  after 
the  expiration  of  the  forty-day  period  above  prescribed  for 
filing  the  petition,  an  election  shall  be  held  in  the  City  upon 
the  question  of  whether  or  not  the  said  officer  shall  be  re- 
called. If  a  general  or  special  election  is  to  be  held  between 
said  forty  and  sixty  days,  the  recall  election  shall  be  held 
at  the  same  time ;  otherwise  a  special  recall  election  shall 
be  held,  the  exact  date  of  which  shall  be  fixed  ])y  the  Mayor, 
if  the  proposed  recall  is  of  a  Councilman,  or  by  Council,  if  the 
proposed  recall  is  of  the  Mayor.  The  ballots  in  the  recall 
election  shall  contain  only  tiie  names  of  the  person  or  per- 
sons sought  to  be  recalled  and  the  office  each  holds,  to- 
gether with  a  statement  "vShall  (name  of  person  to  be  re- 
called) be  recalled"  and  the  words  "yes"  and  "no"  with  sucli 
statement.  A  copy  of  the  above  described  charges  and  an- 
swer shall  be  sent  by  the  election  authorities  not  less  than 
ten  days  before  the  election  to  each  registered  elector  of  the 
City.  The  method  of  marking  such  ballots  and  determining 
the  results  of  such  elections  shall  conform  in  all  jjarticulars 
to  the  provisions  of  this  Charter  relating  to  general  elections. 
If  a  majority  of  those  votmg  on  the  question  vote  in  favor  of 
the  recall  of  the  officer,  he  shall  be  deemed  removed  from 
the  office  whicli  he  holds  as  soon  as  his  successor  has  ciuali- 
fied.  Otherwise  he  shall  continue  in  office  for  the  remainder 
of  his  unexpired  term,  subject  to  recall  as  before,  and  shall 
be  entitled  to  be  reimbursed  by  the  City  for  his  expense 
incurred  in  resisting  the  recall  to  an  amount  not  exceeding 
Four  Thousand  Dollars,  ($4,000.).  When  an  officer  is  re- 
called, the  vacancy  shall  l)c  tilK-(l  in  the  same  nianner  as 
though  it  had  been  cause<l  by  deatli,  resignation,  or  (lis(|uali- 
fication. 

Section   219.      If   tliis   Charter   i-   approved    by    ibe   ehctors, 


78  Charter  of  the  City  of  Cincinnati 

the  foregoing  sections  215,  216,  217  and  218  pertaining  to 
the  recall  of  elective  officers  shall  be  effective  only  if'  the 
question  of  the  recall  of  elective  officers  shall  be  separately 
submitted  to  the  electors  of  this  City  and  approved  "by  a 
majority  of  the  electors  voting  thereon. 

SCHEDULE. 

(1)  For  the  purpose  of  nominating  and  electing  officers 
and  all  purposes  connected  therewith,  this  Charter  shall  take 
effect  from  the  time  of  its  approval  by  the  electors  of  the 
City.  For  the  purpose  of  exercising  the  powers  of  the  City 
as  provided  herein,  for  the  purpose  of  establishing  depart- 
ments, and  offices  and  distributing  the  functions  thereof,  and 
for  all  other  purposes,  it  shall  take  effect  on  the  first  day  of 
January,  1916. 

(2)  At  the  time  of  the  submission  of  the  question  of  the 
approval  of  the  Charter  to  the  electors  of  the  City  of  Cin- 
cinnati, there  shall  be  separately  submitted  upon  the  same 
ballot  the  question  whether  there  shall  be  a  recall  of  elect- 
ive officers,  in  the  following  form  : 

"Yes) 

Recall  of  Elective  Officers.' 
No  j 

We,  the  imdersigned  members  of  the  Charter  Commission 
of  the  City  of  Cincinnati,  elected  at  a  special  election  held 
on  the  Thirtieth  day  of  July,  1913,  have  prepared  and  hereby 
propose  the  foregoing  as  a  charter  for  the  City  of  Cincinnati. 

Done  in  duplicate  in  the  City  of  Cincinnati  this  Ninth  day 
of  May,  1914. 

THE  CHARTER  COMMISSION. 

JOEL  C.  CLORE,  President. 

CHARLES  E.  ROTH,  Vice-President. 

JOHN  H.  MARCKWORTH,  Secretary. 
HENRY  F.  CORDES.  GOTTFRIED  C.  JOEHNK. 

NICHOLAS  DIEHL.  WALTER  A.  KNIGHT. 

J.  WALTER   FREIBERG.       JOHN  R.  SCHINDEL. 
JOSEPH  T.HALLOWELL.    J.  L.  SHEARER. 
HENRY   HOEFLE.  LUKE  W.  SMITH. 

SAMUEL  IGLAUER.  JAMES  A.  WILSON. 


FRED  SCHNELLER,  Ex-officio  Clerk. 
JOHN  D.  ELLIS,  Principal  Assistant  Clerk. 
EDITH  W.  PECK,  Assistant  Clerk. 
EDYTHE  M.  BURKE,  Assistant  Clerk. 


Charter  of  the  City  of  Cincinnati  79 

INDEX. 

Numbers  referred  to  in  this  index  are  numbers  of  the  sections. 

Sec. 

Accounting  and  auditing,  Sub-department  of   82 

Administrative  departments 

List  of  68 

Power  of  council  over    69 

General  powers  and  duties  71 

Alleys,  Construction  and  maintenance  129 

Amendments  of  the  charter 212 

Annual  appropriations   149,  150 

Annual  improvement  ordinance  154,  150 

Annual  tax  ordinance  148 

Aqueducts,  Construction  and  maintenance  129 

Appointments 13 

Method  of 14 

Emergency 22a,  27 

Temporary  22b,  27 

Certificates  of   17 

Appropriation 

of  Property    185, 199 

of  Utilities   196 

Ashes,  Disposal  of   129 

Assessments 158 

Method  of   159  et  seq. 

Special   assessments    166 

Limitation  on    167 

City's  portion  of  costs   168 

Supplementary    169 

For  maintenance    174 

Reassessments    175 

Unpaid  assessments    176 

Bonds  for   177 

Assessments,  Bureau  of,  Duties   as  to  improvements. ........  162,  163 

Assessments,  licenses  and  miscellaneous  revenue  collections 

Sub-department    of    ^-^ 

Ballots 

General  election   6,  9 

Initiative    41 

Referendum    44 

Recall  216 

Bonds 

Assessment    1'' 

Improvement  154,  155,  1.56 

Surety  bonds   o/-  on 

Duties  of  sinking  fund  trustees  as  to  86-89 

Record  of  91 

Rcfundinp: 93 

Form  and  rcRJstration    94 

Bridges,  Construction  and  maintenance    129 

Budget' 148.    49 

Building   commissioner    '^"J 

Building  inspection   '-4 

Campaign  literature    9 

Charter 

Construction   of    ' 

Amendment    •z]'- 

Rn^f-al    , 213 

Chief  accountant.  Powers  and  duties   "- 

Chief  of  fire  department 

Removal   of    .3- 


80  Charter  of  the  City  of  Cincinnati 

Sec. 
Duties    of    118-121 

Chief  of  police 

Removal   of    32 

Duties   of 118 

Chief  smoke  inspector   124 

Cincinnati    Southern    Railway    146 

City  planning  commission 

Organization    142 

Powei  s  and  duties 143 

Platting  144 

City  sealer   124 

City  solicitor 

Powers  and  duties  95,  100 

Injunctions    96 

Enforcement  of  obligations   97 

Enforcement  of  official  duties  98 

Taxpayers'  suits   99 

Duties  as  to  surety  bonds   28 

City  treasurer.  Duties  of  83 

Civil  service 

Appointments,    etc 13-17 

Competitive,  non-competitive  and  labor  class   18 

Examinations    19 

Substandard  classes    19 

Eligible   list    20,21 

Emergency  appointments   22a 

Temporary  appointments   22b 

Promotions   23,  15 

Reinstatements    25 

Compensation  of  appointees  under  72 

Removal  of  appointees    29 

Removal  of  members  of  the  classified  service   34 

Tenures    26 

Civil  service  commission 

Appointment  and  term    101 

Ofiicers 102 

Powers  and  duties  103 

Pay   roll    control    105 

Standardization    106 

Appropriations  for 107 

Reports  to  state  commission  108 

Violations   109,  114,  115 

Campaign   assessments    -.  110 

Conduct  of  applicants    Ill 

Conduct  of  appointing  officer   112 

Conduct  of  appointee  113 

Prosecutions    115 

Removal  of  members  30 

Clerk  of  council 

Duties   of    53 

Duty  as  to  initiative  petitions  36,  40 

Contracts 

For  public  improvements   178,  184 

Interest  of  officials  and  employes  in  206 

Status  of  existing 210 

Council 

Number  and  term  of  members  46 

Qualifications    48 

Salaries    49 

Fines 49 

Investigations    by    47 

Meetings    50 


Charter  of  the  City  of  Cincinnati  81 

Sec. 

Rules  and  journal    51 

President   of    52 

Clerk   and    employes    53 

Procedure   54 

Ordinances    55-58 

Power  over  administrative  departments 69 

Relation  to  City  planning  commission  143 

Department  of  finance,  etc.  (See  finance). 
Director  of  finance,  etc.  (See  finance). 

Ditches,  Construction  and  maintenance  of 129 

Docks 127 

Drains,  Construction  and  maintenance  of   129 

Eight  hour  day    205 

Elections    5 

Ballots   6 

Recall  ballots 216 

Nomination  petitions    7 

Acceptance    8 

Candidate's  statements 9 

Sample  ballots    9 

Campaign   literature    9 

Recall   election    ' 214-217 

Tie   votes    11 

Elective  officers    4 

Employes 

Interest  in   contracts    206 

Status    of    209 

Excess  condemnation  bonds   156 

Appeal  to  people   157 

Fees    153 

Finance,   Department   of    80-84 

Finance,  Director  of 

Powers  and  duties  .  . ._ 80,  81 

Responsible  to  council    71 

To   fix   surety  bonds    28 

To  receive  statement  of  money  received  by  Sinking  l-'und 

Trustees    {^9 

Certificates  of 182 

Fire  department,   (sub-department  of) 

Chief  of  118 

Duties   of    121 

Pension  funds   122 

Salaries    123 

Firemen,  Removal  of  ^^ 

Fiscal  system 

Annual    fax   ordinance    148 

Appropriations 1'1^>  1-^0 

Transfers    l-^l 

Limitation  on   exjicnditures    152 

Fees 153 

Foods,  Inspection  of l-'^ 

Franchises     131.  191-200 

Grant    I'^l 

Term  and  indeterminate    192 

No  exclusive    193 

Purchase    194 

Surrender  of    195 

Extensions 197 

Appropriation   of  utilities    196 

Regulation   198 

Consents    199 

Forfeitures   ^^ 


82  Charter  of  the  City  of  Cincinnati 

Sec. 

Garbage,  Disposal  of   129 

General  administration 

Department   of    '. .  72) 

Powers  and  duties  71,  73-79 

Sub-departments 73 

Grade  crossings    .- ' 129 

Heads  of  departments 

Mayor  to  appoint 13 

Removal   of    31 

May  establish  sub-departments  70 

Responsible  to  mayor 71 

Meetings  with  mayor  : 67 

Health,  Department  of,  Organization  and  powers  138 

Heating   127 

Highways,  Department  of   129 

Highways,  Director  of 

Duties  and  powers 129 

Duty  as  to  sewer  and  water  connections  170 

Historical  landmarks 

Power  of  City  planning  commission  over   143 

Hospitals,   Department  of 

Organization  and  powers  of  board   139 

Medical   staffs  of    140 

Houses  of  refuge  125 

Improvements  and  assessments    158-170 

Improvement  program 154 

Infirmary   125 

Information  and  complaints,  Sub-department  of   76 

Initiative,    The    36-41 

Investigations    204 

By  council    47 

Investigation  and  efficiency,  Sub-department  of   75 

Law,  Department  of   95-100 

Licenses,  For  amusements   125 

Assessments,  and  miscellaneous  rev.enue  collections  84 

Lighting    127 

Markets 

Inspection  of 138 

Market   houses 127 

Mayor 

Term,  salary  and  duties   61,  63 

Investigating  power    64 

Seat   in    council    66 

Vacancy    65 

Meetings  with  heads  of  departments   67 

Appointing    power    13,  139 

Veto  power    _ 59 

Duty  in  case  of  riot   120 

Mayor's  deputy.  Duties  of   73 

Municipal  bath  houses 125 

Municipal  bulletin 

How  edited  and  published 79 

Mayor's  deputy  to  edit   7Z 

Notice  of  civil  service  examinations   19 

Municipal  lodging  houses  125 

Obstructions   172 

Officials 

Interest  in  contracts  206 

Status  of 209 

Ordinances 

Initiated    36-41 

Referred    42-45 


Charti£r  of  the  City  of  Cincinnati  83 

Sec. 

Enactment  of 55-59 

Emergency  measures    58 

Mayor's    veto    59 

Annual  improvement  ordinance   154 

Assessment  ordinances  158  et  seq. 

Honest  elections    10 

Status  of  existing 207 

Parks  and  playgrounds,  Department  of  ." 137 

Powers  of  City  planning  commission  with  reference  to..  .,      143 

Park  commissioners 

Appointment  and  powers   137 

Excess  condemnation  156 

Petitions    202,  203 

For  recall   216 

Initiative  and  referendum   36-38 

Plats    144 

Police,  Sub-department  of 

Duties   of    121 

Pension  funds   122 

Salaries    123 

Removal    33 

Powers,  of  the  City   1 

Preamble    1 

Public  buildings 

Sub-department  of 17 

Powers  of  City  planning  commission  over    143,  145 

Public  comfort  stations  125 

Public  improvements 

Improvement  program  154  et  seq. 

By  contract  or  direct  labor  178 

Modifications  of  contracts   179 

Joint  work    180 

Contracts,  how  let    181 

Certificate  of  director  of  finance   182 

Contracts,  when  void   183 

Condition   of  letting   184 

Public  lands  and  buildings,  Sub-department  of   11 

Public  library    147 

Public  safety,  Department  of 

Organization,  powers  and  duties   116 

Sub-departments    117 

Police  and   fire 1 18.  123 

Public  service.  Department  of 127,  128 

Public  utilities  commission    130-136 

Term  of  commissioners  ^ 130 

Franchises    131 

Powers    132 

Appeals    133 

Procedure   134 

Duties  of  utilities  135 

Definitions    136 

Publicity 

Of  records    201 

Campaign   literature    9 

Meetings   of  council    50 

Purchasing,  Sub-department  of    74 

Rates    128 

Recall 

Who  may  be  recalled    214 

Charges   215 

Petitions    216 

Elections 217 


84  Charter  of  the  City  of  Cincinnati 

Sec. 

Records,  Sub-department  of   78 

Recreation,  Advisory  board  on   126 

Recreation,  Powers  of  park  board  with  regard  to  137 

Referendum,  The   42-45 

Refuse,   Disposal   of 129 

Repeal  of  charter 213 

Riot,  Duty  of  mayor  in  case  of   120 

River  front.  Power  of  City  planning  commission  over   143 

Saving   clause    211 

Scales    127 

Schedule    218 

Sewage  disposal  plants  129 

Sewers 

Construction  and  maintenance   129 

Connections   170 

Sidewalks 

Construction  and  maintenance   129 

Improvement  of  173 

Sinking  fund,   Department  of .85-94 

Sinking  fund  trustees 

Bonds  of  28 

Powers  and  duties  86,  87 

Investigations  by  90 

Deposit  of  funds    92 

Refunding     93 

Form  and  registration   94 

Smoke  inspection    124 

Social  welfare 

Department  of    125 

Advisory  board  on  recreation   126 

Statuary,  Power  of  City  planning  commission  over   143 

Statutes,  Status  of *  208 

Steps,  Construction  and  maintenance  129 

Streams  and  water  courses    129 

Streets 

Construction    and    maintenance    129 

Lighting    129 

Cleaning    129 

Sprinkling,  oiling,  etc 129 

Powers  of  City  planning  commission   I43 

Subways,  Construction  and  maintenance   129 

Tax  levy 

Duties  of  sinking  fund  trustees   83 

Annual  improvement  ordinance    154 

Annual  tax  ordinance  148 

Tenements    138 

Transportation    undertakings    127 

Treasury,  Sub-department   of    83 

Utilities,  (See  also  franchises  and  public  utilities  commission) 

Duties   of    135 

Definition   of   136 

Public    191-200 

Utility  assessments.  Repayment  of  171 

University  of  Cincinnati,  Organization  and  powers 141 

Viaducts,  Construction  and  maintenance   129 

Water   connections    170 

Water  works  127 

Weights  and  measures,  Inspection  of 117,  124 

Wharves    127 

Workhouse 125 


This  book  is  DUE  on  the  last 
date  stamped  below 


Oill     0   ry 


VI 


7^ 


lOj/i-8,'32 


\ 


^■- 


rs 


•'V 


-V^'^-W 


4 


_^  '■-.^.     ^.:. 


Vi 


^ 


%.- 


r 


/< 


%  \.,.-^ 


.1  r'^ 


X>  ^■ 


^^ 


^.  ^p^ 


